Terms of Use

TERMS OF USE

Last updated March 06, 2022

TABLE OF CONTENTS

1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY

3. USER REPRESENTATIONS

4. USER REGISTRATION

5. MARKETPLACE OFFERINGS

6. PURCHASES AND PAYMENT

7. REFUNDS POLICY

8. PROHIBITED ACTIVITIES

9. USER GENERATED CONTRIBUTIONS

10. CONTRIBUTION LICENSE

11. GUIDELINES FOR REVIEWS

12. SOCIAL MEDIA

13. SUBMISSIONS

14. THIRD-PARTY WEBSITES AND CONTENT

15. ADVERTISERS

16. SITE MANAGEMENT

17. PRIVACY POLICY

18. TERM AND TERMINATION

19. MODIFICATIONS AND INTERRUPTIONS

20. GOVERNING LAW

21. DISPUTE RESOLUTION

22. CORRECTIONS

23. DISCLAIMER

24. LIMITATIONS OF LIABILITY

25. INDEMNIFICATION

26. USER DATA

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

28. CALIFORNIA USERS AND RESIDENTS

29. MISCELLANEOUS

30. CONTACT US

 

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Shaka Sports Network Inc

("Company", “we”, “us”, or “our”), concerning your access to and use of the

https://www.trainphenom.com website as well as any other media form, media

channel, mobile website or mobile application related, linked, or otherwise connected

thereto (collectively, the “Site”). We are registered in Hawaii, United States and have

our registered office at 4348 Waialae Ave #632, Honolulu, HI 96816. The Site

provides an online marketplace for the following goods, products, and/or services: Online one on one coaching services (the “Marketplace Offerings”). In order to help

make the Site a secure environment for the purchase and sale of Marketplace

Offerings, all users are required to accept and comply with these Terms of Use. You

agree that by accessing the Site and/or the Marketplace Offerings, you have read,

understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT

AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY

PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE

OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We reserve

the right, in our sole discretion, to make changes or modifications to these Terms of

Use at any time and for any reason. We will alert you about any changes by updating

the “Last updated” date of these Terms of Use, and you waive any right to receive

specific notice of each such change. Please ensure that you check the applicable

Terms every time you use our Site so that you understand which Terms apply. You

will be subject to, and will be deemed to have been made aware of and to have

accepted, the changes in any revised Terms of Use by your continued use of the Site

after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may

not use this Site. You may not use the Site in a way that would violate the Gramm-

Leach-Bliley Act (GLBA).

All users who are minors in the jurisdiction in which they reside (generally under the

age of 18) must have the permission of, and be directly supervised by, their parent or

guardian to use the Site. If you are a minor, you must have your parent or guardian

read and agree to these Terms of Use prior to you using the Site.

 

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Marketplace Offerings are our

proprietary property and all source code, databases, functionality, software, website

designs, audio, video, text, photographs, and graphics on the Site (collectively, the

“Content”) and the trademarks, service marks, and logos contained therein (the

“Marks”) are owned or controlled by us or licensed to us, and are protected by

copyright and trademark laws and various other intellectual property rights and unfair

competition laws of the United States, international copyright laws, and international

conventions. The Content and the Marks are provided on the Site “AS IS” for your

information and personal use only. Except as expressly provided in these Terms of

Use, no part of the Site or the Marketplace Offerings and no Content or Marks may

be copied, reproduced, aggregated, republished, uploaded, posted, publicly

displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise

exploited for any commercial purpose whatsoever, without our express prior written

permission.

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the Content

to which you have properly gained access solely for your personal, non-commercial

use. We reserve all rights not expressly granted to you in and to the Site, the Content

and the Marks.

 

3. USER REPRESENTATIONS

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all

registration information you submit will be true, accurate, current, and complete; (2)

you will maintain the accuracy of such information and promptly update such

registration information as necessary; (3) you have the legal capacity and you agree

to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which

you reside, or if a minor, you have received parental permission to use the Site; (5)

you will not access the Site or the Marketplace Offerings through automated or nonhuman

means, whether through a bot, script or otherwise; (6) you will not use the

Site for any illegal or unauthorized purpose; and (7) your use of the Site or the

Marketplace Offerings will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized

purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among

unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal

drugs or other illegal products; alcoholic beverages; games of chance; and

pornography or graphic adult content, images, or other adult products. Postings of

any unauthorized products or content may result in immediate termination of your

account and a lifetime ban from use of the Site.

We are a service provider and make no representations as to the safety,

effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of

any of the information contained on the Site or the Marketplace Offerings displayed

or offered through the Site. You understand and agree that the content of the Site

does not contain or constitute representations to be reasonably relied upon, and you

agree to hold us harmless from any errors, omissions, or misrepresentations

contained within the Site’s content. We do not endorse or recommend any

Marketplace Offerings and the Site is provided for informational and advertising

purposes only.

 

4. USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace

Offerings. You agree to keep your password confidential and will be responsible for

all use of your account and password. We reserve the right to remove, reclaim, or

change a username you select if we determine, in our sole discretion, that such

username is inappropriate, obscene, or otherwise objectionable.

 

5. MARKETPLACE OFFERINGS

All Marketplace Offerings are subject to availability, and we cannot guarantee that

Marketplace Offerings will be in stock. Certain Marketplace Offerings may be

available exclusively online through the Site. Such Marketplace Offerings may have

limited quantities and are subject to return or exchange only according to our Return

Policy.

We reserve the right to limit the quantities of the Marketplace Offerings offered or

available on the Site. All descriptions or pricing of the Marketplace Offerings are

subject to change at any time without notice, at our sole discretion. We reserve the

right to discontinue any Marketplace Offerings at any time for any reason. We do not

warrant that the quality of any of the Marketplace Offerings purchased by you will

meet your expectations or that any errors in the Site will be corrected.

 

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Visa

- Mastercard

- Discover

- American Express

- PayPal

You agree to provide current, complete, and accurate purchase and account

information for all purchases of the Marketplace Offerings made via the Site. You

further agree to promptly update account and payment information, including email

address, payment method, and payment card expiration date, so that we can

complete your transactions and contact you as needed. Sales tax will be added to

the price of purchases as deemed required by us. We may change prices at any

time. All payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any

applicable shipping fees, and you authorize us to charge your chosen payment

provider for any such amounts upon placing your order. If your order is subject to

recurring charges, then you consent to our charging your payment method on a

recurring basis without requiring your prior approval for each recurring charge, until

such time as you cancel the applicable order. We reserve the right to correct any

errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole

discretion, limit or cancel quantities purchased per person, per household, or per

order. These restrictions may include orders placed by or under the same customer

account, the same payment method, and/or orders that use the same billing or

shipping address. We reserve the right to limit or prohibit orders that, in our sole

judgment, appear to be placed by dealers, resellers, or distributors.

 

7. REFUNDS POLICY

All sales are final and no refund will be issued.

 

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.

As a user of the Site, you agree not to:

Systematically retrieve data or other content from the Site to create or compile,

directly or indirectly, a collection, compilation, database, or directory without

written permission from us.

Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

Circumvent, disable, or otherwise interfere with security-related features of the

Site, including features that prevent or restrict the use or copying of any

Content or enforce limitations on the use of the Site and/or the Content

contained therein.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

Use any information obtained from the Site in order to harass, abuse, or harm

another person.

Make improper use of our support services or submit false reports of abuse or

misconduct.

Use the Site in a manner inconsistent with any applicable laws or regulations.

Engage in unauthorized framing of or linking to the Site.

Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,

or other material, including excessive use of capital letters and spamming

(continuous posting of repetitive text), that interferes with any party’s

uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,

alters, or interferes with the use, features, functions, operation, or maintenance

of the Marketplace Offerings.

Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data

gathering and extraction tools.

Delete the copyright or other proprietary rights notice from any Content.

Attempt to impersonate another user or person or use the username of

another user.

Upload or transmit (or attempt to upload or to transmit) any material that acts

as a passive or active information collection or transmission mechanism,

including without limitation, clear graphics interchange formats (“gifs”), 1 1

pixels, web bugs, cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

Interfere with, disrupt, or create an undue burden on the Site or the networks

or services connected to the Site.

Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Marketplace Offerings to you.

Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

Except as permitted by applicable law, decipher, decompile, disassemble, or

reverse engineer any of the software comprising or in any way making up a

part of the Site.

Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including

without limitation, any spider, robot, cheat utility, scraper, or offline reader that

accesses the Site, or using or launching any unauthorized script or other

software.

Use a buying agent or purchasing agent to make purchases on the Site.

Make any unauthorized use of the Marketplace Offerings, including collecting

usernames and/or email addresses of users by electronic or other means for

the purpose of sending unsolicited email, or creating user accounts by

automated means or under false pretenses.

Use the Marketplace Offerings as part of any effort to compete with us or

otherwise use the Site and/or the Content for any revenue-generating

endeavor or commercial enterprise.

Use the Site to advertise or offer to sell goods and services.

 

9. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message

boards, online forums, and other functionality, and may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and the Marketplace Offerings and through thirdparty

websites. As such, any Contributions you transmit may be treated as nonconfidential

and non-proprietary. When you create or make available any

Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not

infringe the proprietary rights, including but not limited to the copyright, patent,

trademark, trade secret, or moral rights of any third party.

You are the creator and owner of or have the necessary licenses, rights,

consents, releases, and permissions to use and to authorize us, the Site, and

other users of the Site to use your Contributions in any manner contemplated

by the Site and these Terms of Use.

You have the written consent, release, and/or permission of each and every

identifiable individual person in your Contributions to use the name or likeness

of each and every such identifiable individual person to enable inclusion and

use of your Contributions in any manner contemplated by the Site and these

Terms of Use.

Your Contributions are not false, inaccurate, or misleading.

Your Contributions are not unsolicited or unauthorized advertising, promotional

materials, pyramid schemes, chain letters, spam, mass mailings, or other

forms of solicitation.

Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,

libelous, slanderous, or otherwise objectionable (as determined by us).

Your Contributions do not ridicule, mock, disparage, intimidate, or abuse

anyone.

Your Contributions are not used to harass or threaten (in the legal sense of

those terms) any other person and to promote violence against a specific

person or class of people.

Your Contributions do not violate any applicable law, regulation, or rule.

Your Contributions do not violate the privacy or publicity rights of any third

party.

Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being of

minors.

Your Contributions do not include any offensive comments that are connected

to race, national origin, gender, sexual preference, or physical handicap.

Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates

these Terms of Use and may result in, among other things, termination or suspension

of your rights to use the Site and the Marketplace Offerings.

 

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions

accessible to the Site by linking your account from the Site to any of your social

networking accounts, you automatically grant, and you represent and warrant that

you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,

non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to

host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive,

store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt

(in whole or in part), and distribute such Contributions (including, without limitation,

your image and voice) for any purpose, commercial, advertising, or otherwise, and to

prepare derivative works of, or incorporate into other works, such Contributions, and

grant and authorize sublicenses of the foregoing. The use and distribution may occur

in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter

developed, and includes our use of your name, company name, and franchise name,

as applicable, and any of the trademarks, service marks, trade names, logos, and

personal and commercial images you provide. You waive all moral rights in your

Contributions, and you warrant that moral rights have not otherwise been asserted in

your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise

change any Contributions; (2) to re-categorize any Contributions to place them in

more appropriate locations on the Site; and (3) to pre-screen or delete any

Contributions at any time and for any reason, without notice. We have no obligation

to monitor your Contributions.

 

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a

review, you must comply with the following criteria: (1) you should have firsthand

experience with the person/entity being reviewed; (2) your reviews should not contain

offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national

origin, age, marital status, sexual orientation, or disability; (4) your reviews should not

contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality

of conduct; (7) you may not post any false or misleading statements; and (8) you may

not organize a campaign encouraging others to post reviews, whether positive or

negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely

no obligation to screen reviews or to delete reviews, even if anyone considers

reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not

necessarily represent our opinions or the views of any of our affiliates or partners. We

do not assume liability for any review or for any claims, liabilities, or losses resulting

from any review. By posting a review, you hereby grant to us a perpetual, nonexclusive,

worldwide, royalty-free, fully-paid, assignable, and sublicensable right and

license to reproduce, modify, translate, transmit by any means, display, perform,

and/or distribute all content relating to reviews.

 

12. SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts

you have with third-party service providers (each such account, a “Third-Party

Account”) by either: (1) providing your Third-Party Account login information through

the Site; or (2) allowing us to access your Third-Party Account, as is permitted under

the applicable terms and conditions that govern your use of each Third-Party

Account. You represent and warrant that you are entitled to disclose your Third-Party

Account login information to us and/or grant us access to your Third-Party Account,

without breach by you of any of the terms and conditions that govern your use of the

applicable Third-Party Account, and without obligating us to pay any fees or making

us subject to any usage limitations imposed by the third-party service provider of the

Third-Party Account. By granting us access to any Third-Party Accounts, you

understand that (1) we may access, make available, and store (if applicable) any

content that you have provided to and stored in your Third-Party Account (the “Social

Network Content”) so that it is available on and through the Site via your account,

including without limitation any friend lists and (2) we may submit to and receive from

your Third-Party Account additional information to the extent you are notified when

you link your account with the Third-Party Account. Depending on the Third-Party

Accounts you choose and subject to the privacy settings that you have set in such

Third-Party Accounts, personally identifiable information that you post to your Third-

Party Accounts may be available on and through your account on the Site. Please

note that if a Third-Party Account or associated service becomes unavailable or our

access to such Third-Party Account is terminated by the third-party service provider,

then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site

and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR

RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED

WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR

AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no

effort to review any Social Network Content for any purpose, including but not limited

to, for accuracy, legality, or non-infringement, and we are not responsible for any

Social Network Content. You acknowledge and agree that we may access your email

address book associated with a Third-Party Account and your contacts list stored on

your mobile device or tablet computer solely for purposes of identifying and informing

you of those contacts who have also registered to use the Site. You can deactivate

the connection between the Site and your Third-Party Account by contacting us using

the contact information below or through your account settings (if applicable). We will

attempt to delete any information stored on our servers that was obtained through

such Third-Party Account, except the username and profile picture that become

associated with your account.

 

13. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings

("Submissions") provided by you to us are non-confidential and shall become our

sole property. We shall own exclusive rights, including all intellectual property rights,

and shall be entitled to the unrestricted use and dissemination of these Submissions

for any lawful purpose, commercial or otherwise, without acknowledgment or

compensation to you. You hereby waive all moral rights to any such Submissions,

and you hereby warrant that any such Submissions are original with you or that you

have the right to submit such Submissions. You agree there shall be no recourse

against us for any alleged or actual infringement or misappropriation of any

proprietary right in your Submissions.

 

14. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings)

links to other websites ("Third-Party Websites") as well as articles, photographs, text,

graphics, pictures, designs, music, sound, video, information, applications, software,

and other content or items belonging to or originating from third parties ("Third-Party

Content"). Such Third-Party Websites and Third-Party Content are not investigated,

monitored, or checked for accuracy, appropriateness, or completeness by us, and we

are not responsible for any Third Party Websites accessed through the Site or any

Third-Party Content posted on, available through, or installed from the Site, including

the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other

policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party

Websites or any Third-Party Content does not imply approval or endorsement thereof

by us. If you decide to leave the Site and access the Third-Party Websites or to use

or install any Third-Party Content, you do so at your own risk, and you should be

aware these Terms of Use no longer govern. You should review the applicable terms

and policies, including privacy and data gathering practices, of any website to which

you navigate from the Site or relating to any applications you use or install from the

Site. Any purchases you make through Third-Party Websites will be through other

websites and from other companies, and we take no responsibility whatsoever in

relation to such purchases which are exclusively between you and the applicable

third party. You agree and acknowledge that we do not endorse the products or

services offered on Third-Party Websites and you shall hold us harmless from any

harm caused by your purchase of such products or services. Additionally, you shall

hold us harmless from any losses sustained by you or harm caused to you relating to

or resulting in any way from any Third-Party Content or any contact with Third-Party

Websites.

 

15. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain

areas of the Site, such as sidebar advertisements or banner advertisements. If you

are an advertiser, you shall take full responsibility for any advertisements you place

on the Site and any services provided on the Site or products sold through those

advertisements. Further, as an advertiser, you warrant and represent that you

possess all rights and authority to place advertisements on the Site, including, but not

limited to, intellectual property rights, publicity rights, and contractual rights. We

simply provide the space to place such advertisements, and we have no other

relationship with advertisers.

 

16. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our sole

discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4) in

our sole discretion and without limitation, notice, or liability, to remove from the Site or

otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of

the Site and the Marketplace Offerings.

 

17. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy:

http://www.trainphenom.com/terms-of-use-privacy-policy. By using the Site or

the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is

incorporated into these Terms of Use. Please be advised the Site and the

Marketplace Offerings are hosted in the United States. If you access the Site or the

Marketplace Offerings from any other region of the world with laws or other

requirements governing personal data collection, use, or disclosure that differ from

applicable laws in the United States, then through your continued use of the Site, you

are transferring your data to the United States, and you agree to have your data

transferred to and processed in the United States.

 

18. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE

MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,

INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,

WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF

ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR

PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR

DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

 

19. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Marketplace Offerings without notice at any time. We

will not be liable to you or any third party for any modification, price change,

suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all

times. We may experience hardware, software, or other problems or need to perform

maintenance related to the Site, resulting in interruptions, delays, or errors. We

reserve the right to change, revise, update, suspend, discontinue, or otherwise

modify the Site or the Marketplace Offerings at any time or for any reason without

notice to you. You agree that we have no liability whatsoever for any loss, damage, or

inconvenience caused by your inability to access or use the Site or the Marketplace

Offerings during any downtime or discontinuance of the Site or the Marketplace

Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain

and support the Site or the Marketplace Offerings or to supply any corrections,

updates, or releases in connection therewith.

 

20. GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are

governed by and construed in accordance with the laws of the State of Delaware

applicable to agreements made and to be entirely performed within the State of

Delaware, without regard to its conflict of law principles.

 

21. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim

related to these Terms of Use (each "Dispute" and collectively, the "Disputes")

brought by either you or us (individually, a "Party" and collectively, the "Parties"), the

Parties agree to first attempt to negotiate any Dispute (except those Disputes

expressly provided below) informally for at least thirty (30) days before initiating

arbitration. Such informal negotiations commence upon written notice from one Party

to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved through binding arbitration. YOU UNDERSTAND THAT

WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT

AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted

under the Commercial Arbitration Rules of the American Arbitration Association

("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer

Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website: www.adr.org. Your arbitration fees and your share of arbitrator compensation

shall be governed by the AAA Consumer Rules and, where appropriate, limited by

the AAA Consumer Rules. The arbitration may be conducted in person, through the

submission of documents, by phone, or online. The arbitrator will make a decision in

writing, but need not provide a statement of reasons unless requested by either

Party. The arbitrator must follow applicable law, and any award may be challenged if

the arbitrator fails to do so. Except where otherwise required by the applicable AAA

rules or applicable law, the arbitration will take place in United States, Delaware.

Except as otherwise provided herein, the Parties may litigate in court to compel

arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or

enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall

be commenced or prosecuted in the state and federal courts located in United

States, Delaware, and the Parties hereby consent to, and waive all defenses of lack

of personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

If this provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable, and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to

submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to

enforce or protect, or concerning the validity of, any of the intellectual property rights

of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,

invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent jurisdiction

within the courts listed for jurisdiction above, and the Parties agree to submit to the

personal jurisdiction of that court.

 

22. CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions that may relate to the Marketplace Offerings, including

descriptions, pricing, availability, and various other information. We reserve the right

to correct any errors, inaccuracies, or omissions and to change or update the

information on the Site at any time, without prior notice.

 

23. DISCLAIMER

THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED ON AN AS-IS

AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND

OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT

PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,

IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE

AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,

RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR

ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION

STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS,

(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)

ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY

LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF

ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE

VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED

WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY

BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN

ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN

YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS

WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM

OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

 

24. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE

MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE

WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT

ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING

THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW

LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION

OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF

THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND

YOU MAY HAVE ADDITIONAL RIGHTS.

 

25. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

your Contributions; (2) use of the Marketplace Offerings; (3) breach of these Terms of

Use; (4) any breach of your representations and warranties set forth in these Terms

of Use; (5) your violation of the rights of a third party, including but not limited to

intellectual property rights; or (6) any overt harmful act toward any other user of the

Site or the Marketplace Offerings with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the

exclusive defense and control of any matter for which you are required to indemnify

us, and you agree to cooperate, at your expense, with our defense of such claims.

We will use reasonable efforts to notify you of any such claim, action, or proceeding

which is subject to this indemnification upon becoming aware of it.

 

26. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Marketplace Offerings, as well as data relating to

your use of the Marketplace Offerings. Although we perform regular routine backups

of data, you are solely responsible for all data that you transmit or that relates to any

activity you have undertaken using the Marketplace Offerings. You agree that we

shall have no liability to you for any loss or corruption of any such data, and you

hereby waive any right of action against us arising from any such loss or corruption of

such data.

 

27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS,

AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree

that all agreements, notices, disclosures, and other communications we provide to

you electronically, via email and on the Site, satisfy any legal requirement that such

communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

 

28. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

29. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in

respect to the Marketplace Offerings constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any right or

provision of these Terms of Use shall not operate as a waiver of such right or

provision. These Terms of Use operate to the fullest extent permissible by law. We

may assign any or all of our rights and obligations to others at any time. We shall not

be responsible or liable for any loss, damage, delay, or failure to act caused by any

cause beyond our reasonable control. If any provision or part of a provision of these

Terms of Use is determined to be unlawful, void, or unenforceable, that provision or

part of the provision is deemed severable from these Terms of Use and does not

affect the validity and enforceability of any remaining provisions. There is no joint

venture, partnership, employment or agency relationship created between you and

us as a result of these Terms of Use or use of the Marketplace Offerings. You agree

that these Terms of Use will not be construed against us by virtue of having drafted

them. You hereby waive any and all defenses you may have based on the electronic

form of these Terms of Use and the lack of signing by the parties hereto to execute

these Terms of Use.

 

30. CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to

receive further information regarding use of the Site or the Marketplace Offerings,

please contact us at:

Shaka Sports Network Inc

4348 Waialae Ave #632

Honolulu, HI 96816

United States

general@trainphenom.com

Privacy Policy

PRIVACY NOTICE

Last updated March 06, 2022

This privacy notice for Shaka Sports Network Inc ("Company," "we," "us," or "our"),

describes how and why we might collect, store, use, and/or share ("process") your

information when you use our services ("Services"), such as when you:

Visit our website at http://www.trainphenom.com, or any website of ours that

links to this privacy notice

Engage with us in other related ways ― including any sales, marketing, or

events

Questions or concerns? Reading this privacy notice will help you understand your

privacy rights and choices. If you do not agree with our policies and practices, please

do not use our Services. If you still have any questions or concerns, please contact

us at austin@trainphenom.com.

 

SUMMARY OF KEY POINTS

This summary provides key points from our privacy notice, but you can find

out more details about any of these topics by clicking the link following each

key point or by using our table of contents below to find the section you are

looking for. You can also click here to go directly to our table of contents.

What personal information do we process? When you visit, use, or navigate our

Services, we may process personal information depending on how you interact with

Shaka Sports Network Inc and the Services, the choices you make, and the products

and features you use. Click here to learn more.

Do we process any sensitive personal information? We do not process sensitive

personal information.

Do you receive any information from third parties? We do not receive any

information from third parties.

How do you process my information? We process your information to provide,

improve, and administer our Services, communicate with you, for security and fraud

prevention, and to comply with law. We may also process your information for other

purposes with your consent. We process your information only when we have a valid

legal reason to do so. Click here to learn more.

In what situations and with which parties do we share personal information?

We may share information in specific situations and with specific third parties.

Click here to learn more.

How do we keep your information safe? We have organizational and technical

processes and procedures in place to protect your personal information. However, no

electronic transmission over the internet or information storage technology can be

guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,

cybercriminals, or other unauthorized third parties will not be able to defeat our

security and improperly collect, access, steal, or modify your information.

Click here to learn more.

What are your rights? Depending on where you are located geographically, the

applicable privacy law may mean you have certain rights regarding your personal

information. Click here to learn more.

How do I exercise my rights? The easiest way to exercise your rights is by filling

out our data subject request form available here, or by contacting us. We will

consider and act upon any request in accordance with applicable data protection

laws.

Want to learn more about what Shaka Sports Network Inc does with any information

we collect? Click here to review the notice in full.

 

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. HOW DO WE PROCESS YOUR INFORMATION?

3. WHEN AND WITH WHOM DO WE SHARE YOUR PERSONAL INFORMATION?

4. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

7. HOW LONG DO WE KEEP YOUR INFORMATION?

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

9. WHAT ARE YOUR PRIVACY RIGHTS?

10. CONTROLS FOR DO-NOT-TRACK FEATURES

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

12. DO WE MAKE UPDATES TO THIS NOTICE?

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT

FROM YOU?

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register

on the Services, express an interest in obtaining information about us or our products

and Services, when you participate in activities on the Services, or otherwise when

you contact us.

Personal Information Provided by You. The personal information that we collect

depends on the context of your interactions with us and the Services, the choices you

make, and the products and features you use. The personal information we collect

may include the following:

names

phone numbers

email addresses

usernames

passwords

debit/credit card numbers

billing addresses

contact or authentication data

Sensitive Information. We do not process sensitive information.

Payment Data. We may collect data necessary to process your payment if you make

purchases, such as your payment instrument number (such as a credit card number),

and the security code associated with your payment instrument. All payment data is

stored by Wix. You may find their privacy notice link(s) here:

https://www.wix.com/about/privacy.

Social Media Login Data. We may provide you with the option to register with us

using your existing social media account details, like your Facebook, Twitter, or other

social media account. If you choose to register in this way, we will collect the

information described in the section called "HOW DO WE HANDLE YOUR SOCIAL

LOGINS?" below.

All personal information that you provide to us must be true, complete, and accurate,

and you must notify us of any changes to such personal information.

 

Information automatically collected

In Short: Some information — such as your Internet Protocol (IP) address and/or

browser and device characteristics — is collected automatically when you visit our

Services.

We automatically collect certain information when you visit, use, or navigate the

Services. This information does not reveal your specific identity (like your name or

contact information) but may include device and usage information, such as your IP

address, browser and device characteristics, operating system, language

preferences, referring URLs, device name, country, location, information about how

and when you use our Services, and other technical information. This information is

primarily needed to maintain the security and operation of our Services, and for our

internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar

technologies.

The information we collect includes:

Log and Usage Data. Log and usage data is service-related, diagnostic,

usage, and performance information our servers automatically collect when

you access or use our Services and which we record in log files. Depending on

how you interact with us, this log data may include your IP address, device

information, browser type, and settings and information about your activity in

the Services (such as the date/time stamps associated with your usage, pages

and files viewed, searches, and other actions you take such as which features

you use), device event information (such as system activity, error reports

(sometimes called "crash dumps"), and hardware settings).

Device Data. We collect device data such as information about your computer,

phone, tablet, or other device you use to access the Services. Depending on

the device used, this device data may include information such as your IP

address (or proxy server), device and application identification numbers,

location, browser type, hardware model, Internet service provider and/or

mobile carrier, operating system, and system configuration information.

Location Data. We collect location data such as information about your

device's location, which can be either precise or imprecise. How much

information we collect depends on the type and settings of the device you use

to access the Services. For example, we may use GPS and other technologies

to collect geolocation data that tells us your current location (based on your IP

address). You can opt out of allowing us to collect this information either by

refusing access to the information or by disabling your Location setting on your

device. However, if you choose to opt out, you may not be able to use certain

aspects of the Services.

 

2. HOW DO WE PROCESS YOUR INFORMATION?

In Short: We process your information to provide, improve, and administer our

Services, communicate with you, for security and fraud prevention, and to comply

with law. We may also process your information for other purposes with your consent.

We process your personal information for a variety of reasons, depending on

how you interact with our Services, including:

To facilitate account creation and authentication and otherwise manage

user accounts. We may process your information so you can create and log

in to your account, as well as keep your account in working order.

To deliver and facilitate delivery of services to the user. We may process

your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may process your

information to respond to your inquiries and solve any potential issues you

might have with the requested service.

To send administrative information to you. We may process your

information to send you details about our products and services, changes to

our terms and policies, and other similar information.

To fulfill and manage your orders. We may process your information to fulfill

and manage your orders, payments, returns, and exchanges made through the

Services.

To enable user-to-user communications. We may process your information

if you choose to use any of our offerings that allow for communication with

another user.

To request feedback. We may process your information when necessary to

request feedback and to contact you about your use of our Services.

To send you marketing and promotional communications. We may

process the personal information you send to us for our marketing purposes, if

this is in accordance with your marketing preferences. You can opt out of our

marketing emails at any time. For more information, see "WHAT ARE YOUR

PRIVACY RIGHTS?" below).

To deliver targeted advertising to you. We may process your information to

develop and display personalized content and advertising tailored to your

interests, location, and more.

To post testimonials. We post testimonials on our Services that may contain

personal information.

To protect our Services. We may process your information as part of our

efforts to keep our Services safe and secure, including fraud monitoring and

prevention.

To evaluate and improve our Services, products, marketing, and your

experience. We may process your information when we believe it is

necessary to identify usage trends, determine the effectiveness of our

promotional campaigns, and to evaluate and improve our Services, products,

marketing, and your experience.

To identify usage trends. We may process information about how you use

our Services to better understand how they are being used so we can improve them. 

To determine the effectiveness of our marketing and promotional

campaigns. We may process your information to better understand how to

provide marketing and promotional campaigns that are most relevant to you.

To comply with our legal obligations. We may process your information to

comply with our legal obligations, respond to legal requests, and exercise,

establish, or defend our legal rights.

 

3. WHEN AND WITH WHOM DO WE SHARE YOUR

PERSONAL INFORMATION?

In Short: We may share information in specific situations described in this section

and/or with the following third parties.

We may need to share your personal information in the following situations:

Business Transfers. We may share or transfer your information in connection

with, or during negotiations of, any merger, sale of company assets, financing,

or acquisition of all or a portion of our business to another company.

Affiliates. We may share your information with our affiliates, in which case we

will require those affiliates to honor this privacy notice. Affiliates include our

parent company and any subsidiaries, joint venture partners, or other

companies that we control or that are under common control with us.

Business Partners. We may share your information with our business

partners to offer you certain products, services, or promotions.

Other Users. When you share personal information (for example, by posting

comments, contributions, or other content to the Services) or otherwise interact

with public areas of the Services, such personal information may be viewed by

all users and may be publicly made available outside the Services in

perpetuity. If you interact with other users of our Services and register for our

Services through a social network (such as Facebook), your contacts on the

social network will see your name, profile photo, and descriptions of your

activity. Similarly, other users will be able to view descriptions of your activity,

communicate with you within our Services, and view your profile.

 

4. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with

third parties that we may link to or who advertise on our Services, but are not

affiliated with, our Services.

The Services may link to third-party websites, online services, or mobile applications

and/or contain advertisements from third parties that are not affiliated with us and

which may link to other websites, services, or applications. Accordingly, we do not

make any guarantee regarding any such third parties, and we will not be liable for

any loss or damage caused by the use of such third-party websites, services, or

applications. The inclusion of a link towards a third-party website, service, or

application does not imply an endorsement by us. We cannot guarantee the safety

and privacy of data you provide to any third parties. Any data collected by third

parties is not covered by this privacy notice. We are not responsible for the content or

privacy and security practices and policies of any third parties, including other

websites, services, or applications that may be linked to or from the Services. You

should review the policies of such third parties and contact them directly to respond

to your questions.

 

5. DO WE USE COOKIES AND OTHER TRACKING

TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store

your information.

We may use cookies and similar tracking technologies (like web beacons and pixels)

to access or store information. Specific information about how we use such

technologies and how you can refuse certain cookies is set out in our Cookie Notice.

 

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media

account, we may have access to certain information about you.

Our Services offer you the ability to register and log in using your third-party social

media account details (like your Facebook or Twitter logins). Where you choose to do

this, we will receive certain profile information about you from your social media

provider. The profile information we receive may vary depending on the social media

provider concerned, but will often include your name, email address, friends list, and

profile picture, as well as other information you choose to make public on such a

social media platform.

We will use the information we receive only for the purposes that are described in this

privacy notice or that are otherwise made clear to you on the relevant Services.

Please note that we do not control, and are not responsible for, other uses of your

personal information by your third-party social media provider. We recommend that

you review their privacy notice to understand how they collect, use and share your

personal information, and how you can set your privacy preferences on their sites

and apps.

 

7. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes

outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the

purposes set out in this privacy notice, unless a longer retention period is required or

permitted by law (such as tax, accounting, or other legal requirements). No purpose

in this notice will require us keeping your personal information for longer than the

period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal

information, we will either delete or anonymize such information, or, if this is not

possible (for example, because your personal information has been stored in backup

archives), then we will securely store your personal information and isolate it from

any further processing until deletion is possible.

 

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of

organizational and technical security measures.

We have implemented appropriate and reasonable technical and organizational

security measures designed to protect the security of any personal information we

process. However, despite our safeguards and efforts to secure your information, no

electronic transmission over the Internet or information storage technology can be

guaranteed to be 100% secure, so we cannot promise or guarantee that hackers,

cybercriminals, or other unauthorized third parties will not be able to defeat our

security and improperly collect, access, steal, or modify your information. Although

we will do our best to protect your personal information, transmission of personal

information to and from our Services is at your own risk. You should only access the

Services within a secure environment.

 

9. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

If you are located in the EEA or UK and you believe we are unlawfully processing

your personal information, you also have the right to complain to your local data

protection supervisory authority. You can find their contact details here:

https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are located in Switzerland, the contact details for the data protection authorities

are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

Withdrawing your consent: If we are relying on your consent to process your

personal information, which may be express and/or implied consent depending on

the applicable law, you have the right to withdraw your consent at any time. You can

withdraw your consent at any time by contacting us by using the contact details

provided in the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?"

below.

However, please note that this will not affect the lawfulness of the processing before

its withdrawal, nor when applicable law allows, will it affect the processing of your

personal information conducted in reliance on lawful processing grounds other than

consent.

Opting out of marketing and promotional communications: You can unsubscribe

from our marketing and promotional communications at any time by clicking on the

unsubscribe link in the emails that we send, replying “STOP” or “UNSUBSCRIBE” to

the SMS messages that we send, or by contacting us using the details provided in

the section "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?" below. You will

then be removed from the marketing lists — however, we may still communicate with

you, for example to send you service-related messages that are necessary for the

administration and use of your account, to respond to service requests, or for other

non-marketing purposes.

Account Information

If you would at any time like to review or change the information in your account or

terminate your account, you can:

Contact us using the contact information provided.

Log in to your account settings and update your user account.

Upon your request to terminate your account, we will deactivate or delete your

account and information from our active databases. However, we may retain some

information in our files to prevent fraud, troubleshoot problems, assist with any

investigations, enforce our legal terms and/or comply with applicable legal

requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies

by default. If you prefer, you can usually choose to set your browser to remove

cookies and to reject cookies. If you choose to remove cookies or reject cookies, this

could affect certain features or services of our Services. To opt out of interest-based

advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

If you have questions or comments about your privacy rights, you may email us at

general@trainphenom.com.

 

10. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications

include a Do-Not-Track ("DNT") feature or setting you can activate to signal your

privacy preference not to have data about your online browsing activities monitored

and collected. At this stage no uniform technology standard for recognizing and

implementing DNT signals has been finalized. As such, we do not currently respond

to DNT browser signals or any other mechanism that automatically communicates

your choice not to be tracked online. If a standard for online tracking is adopted that

we must follow in the future, we will inform you about that practice in a revised

version of this privacy notice.

 

11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC

PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights

regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law,

permits our users who are California residents to request and obtain from us, once a

year and free of charge, information about categories of personal information (if any)

we disclosed to third parties for direct marketing purposes and the names and

addresses of all third parties with which we shared personal information in the

immediately preceding calendar year. If you are a California resident and would like

to make such a request, please submit your request in writing to us using the contact

information provided below.

If you are under 18 years of age, reside in California, and have a registered account

with Services, you have the right to request removal of unwanted data that you

publicly post on the Services. To request removal of such data, please contact us

using the contact information provided below and include the email address

associated with your account and a statement that you reside in California. We will

make sure the data is not publicly displayed on the Services, but please be aware

that the data may not be completely or comprehensively removed from all our

systems (e.g., backups, etc.).

 

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or

transitory purpose and

(2) every individual who is domiciled in the State of California who is outside the

State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and

obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve

(12) months:

 

Category Examples Collected

A. Identifiers

Contact details, such as real name, alias,

postal address, telephone or mobile

contact number, unique personal identifier,

online identifier, Internet Protocol address,

email address, and account name

YES

B. Personal information

categories listed in the

California Customer

Records statute

Name, contact information, education,

employment, employment history, and

financial information

YES

C. Protected classification characteristics under

California or federal law

Gender and date of birth YES

D. Commercial information

Transaction information, purchase history,

financial details, and payment information

NO

E. Biometric information Fingerprints and voiceprints NO

F. Internet or other similar

network activity

Browsing history, search history, online

behavior, interest data, and interactions

with our and other websites, applications,

systems, and advertisements

NO

G. Geolocation data Device location NO

H. Audio, electronic, visual,

thermal, olfactory, or similar

information

Images and audio, video or call recordings

created in connection with our business

activities

NO

I. Professional or

employment-related

information

Business contact details in order to

provide you our services at a business

level or job title, work history, and

professional qualifications if you apply for

a job with us

NO

J. Education Information Student records and directory information NO

K. Inferences drawn from

other personal information

Inferences drawn from any of the collected

personal information listed above to create

a profile or summary about, for example,

an individual’s preferences and

characteristics

YES

 

We may also collect other personal information outside of these categories instances

where you interact with us in person, online, or by phone or mail in the context of:

Receiving help through our customer support channels;

Participation in customer surveys or contests; and

Facilitation in the delivery of our Services and to respond to your inquiries.

How do we use and share your personal information?

More information about our data collection and sharing practices can be found in this

privacy notice.

You may contact us by email at general@trainphenom.com, by visiting

https://www.trainphenom.com, or by referring to the contact details at the bottom of

this document.

If you are using an authorized agent to exercise your right to opt out we may deny a

request if the authorized agent does not submit proof that they have been validly

authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a

written contract between us and each service provider. Each service provider is a forprofit

entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for

undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal information.

Shaka Sports Network Inc has not disclosed or sold any personal information to third

parties for a business or commercial purpose in the preceding twelve (12) months.

Shaka Sports Network Inc will not sell personal information in the future belonging to

website visitors, users, and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data — Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your

personal information, we will respect your request and delete your personal

information, subject to certain exceptions provided by law, such as (but not limited to)

the exercise by another consumer of his or her right to free speech, our compliance

requirements resulting from a legal obligation, or any processing that may be

required to protect against illegal activities.

Right to be informed — Request to know

Depending on the circumstances, you have a right to know:

whether we collect and use your personal information;

the categories of personal information that we collect;

the purposes for which the collected personal information is used;

whether we sell your personal information to third parties;

the categories of personal information that we sold or disclosed for a business

purpose;

the categories of third parties to whom the personal information was sold or

disclosed for a business purpose; and

the business or commercial purpose for collecting or selling personal

information.

In accordance with applicable law, we are not obligated to provide or delete

consumer information that is de-identified in response to a consumer request or to reidentify

individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are

the same person about whom we have the information in our system. These

verification efforts require us to ask you to provide information so that we can match it

with information you have previously provided us. For instance, depending on the

type of request you submit, we may ask you to provide certain information so that we

can match the information you provide with the information we already have on file,

or we may contact you through a communication method (e.g., phone or email) that

you have previously provided to us. We may also use other verification methods as

the circumstances dictate.

We will only use personal information provided in your request to verify your identity

or authority to make the request. To the extent possible, we will avoid requesting

additional information from you for the purposes of verification. However, if we cannot

verify your identity from the information already maintained by us, we may request

that you provide additional information for the purposes of verifying your identity and

for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights

You may object to the processing of your personal information.

You may request correction of your personal data if it is incorrect or no longer

relevant, or ask to restrict the processing of the information.

You can designate an authorized agent to make a request under the CCPA on

your behalf. We may deny a request from an authorized agent that does not

submit proof that they have been validly authorized to act on your behalf in

accordance with the CCPA.

You may request to opt out from future selling of your personal information to

third parties. Upon receiving an opt-out request, we will act upon the request

as soon as feasibly possible, but no later than fifteen (15) days from the date

of the request submission.

To exercise these rights, you can contact us by email at general@trainphenom.com,

by visiting https://www.trainphenom.com, or by referring to the contact details at the

bottom of this document. If you have a complaint about how we handle your data, we

would like to hear from you.

 

12. DO WE MAKE UPDATES TO THIS NOTICE?

In Short: Yes, we will update this notice as necessary to stay compliant with relevant

laws.

We may update this privacy notice from time to time. The updated version will be

indicated by an updated "Revised" date and the updated version will be effective as

soon as it is accessible. If we make material changes to this privacy notice, we may

notify you either by prominently posting a notice of such changes or by directly

sending you a notification. We encourage you to review this privacy notice frequently

to be informed of how we are protecting your information.

 

13. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?

If you have questions or comments about this notice, you may email us at

general@trainphenom.com or by post to:

Shaka Sports Network Inc

4348 Waialae Ave #632

Honolulu, HI 96701

United States

 

14. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE

DATA WE COLLECT FROM YOU?

Based on the applicable laws of your country, you may have the right to request

access to the personal information we collect from you, change that information, or

delete it in some circumstances. To request to review, update, or delete your

personal information, please submit a request form by clicking here.

This privacy policy was created using Termly's Privacy Policy Generator.