Terms & Conditions
Purchasing a Training Plan, Subcription or Skype Call
Upon purchase of a training plan and/or Skype Call you will receive immediate email confirmation and receipt sent to the email with which you purchased the plan. You will receive a second email within 48 hours of your purchase containing a link to your training plan and/or a follow up to schedule your Skype Call. Please contact firstname.lastname@example.org with questions.
All sales are final.
Simplify Commerce processes all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted.
Siri-lindley.com does not store personal details, and we never sell or share your information.
Siri-lindley.com does not have access to credit details.
Athlete is responsible for monitoring and maintaining his/her physical and emotional health and well-being at all times. Because some Training will be performed without a Sirius coach or staff member present, it is imperative that Athlete monitor fatigue levels, muscle and musculoskeletal stress warning signs and observe sound nutrition and hydration programs at all times. Athlete is encouraged to (i) undergo routine and consistent physical examinations to maintain a high-level preventative health program during the Training; (ii) use a heart rate monitor during all Training sessions if necessary; (iii) closely monitor the perceived level of exertion at all times during Training; (iv) create a Training journal or Training log of all sessions. Sirius reserves the right, in its sole discretion, to suspend or terminate any and all Training if it determines Athlete is not in good or satisfactory physical or emotional condition to undergo the Training.
All Training Fees and Success Fees shall be subject to applicable taxes. The Training Fees, Facility Fees paid in advance and Success Fees are non-refundable. Failure by Athlete to timely pay the Training Fee, Success Fee or any facility fee is considered to be a breach of this Agreement.
No License and Proprietary Rights
(a) Training Plans and Materials. All Plans and Training materials provided by Sirius to Athlete, including but not limited to any printed or typewritten spreadsheets, correspondence, emails, booklets, manuals, pamphlets, brochures, handouts, nutrition information, audio visual data, film, video, DVD’s, power point presentations, fact sheets, systems, programs, computer software (in objective code and source code form), data or information developed or provided by Sirius as well as any know-how, methodologies, equipment, or processes used by Sirius to provide the Training Services to Athlete hereunder, including, without limitation, all copyrights, trademarks, patents, trade secrets, and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Training Materials”) shall remain the sole and exclusive property of Sirius. To the extent, if any, that ownership of the Training Materials does not automatically vest in Sirius by virtue of this Agreement or otherwise, Athlete hereby transfers and assigns to Sirius all rights, title and interest which Athlete may have in and to the Training Materials.
(b) Proprietary Rights of Sirius. Except as provided in this Section 5, nothing in this Agreement shall be construed to grant Athlete any ownership right in or license to, the Training Materials. Sirius hereby grants to Athlete a limited and non-exclusive right to use the Training Materials to perform the Training. Athlete may only reproduce the Plan only to the extent as is absolutely necessary for Training sessions and any reproductions must be kept within Athlete’s personal control at all times. Athlete agrees he or she will not transmit, reproduce, distribute, display, make available, share or otherwise disseminate Training Materials to other persons or entities and will maintain the Training Materials and afford the Training Materials the same type and level of protection as he or she would to his or her own protected personal information.
Each party hereto agrees that during the course of this Agreement, information that is confidential or proprietary may not be disclosed by the other party, including, but not limited to, the terms of this Agreement, specific Training information, technical information, trademarks, trade names, inventions, copyright, equipment design, Training strategies, race strategies, know-how, trade secrets, marketing strategies, financial information, business information, personal health information, information from other Sirius athletes, employee information, source code, algorithms, software data, and in the case of Sirius, the Training Materials, or other confidential information (hereinafter “Confidential Information”). Confidential Information shall not include information that the receiving party can demonstrate (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party, (b) was known to the receiving party as of the time of its disclosure, (c) is independently developed by the receiving party or (d) is subsequently learned from a third party not under a confidentiality obligation to the providing party.
(a) Non-disclosure. During the Term of this Agreement and following expiration or termination of this Agreement indefinitely, Athlete covenants and agrees he or she (a) will receive and hold all Confidential Information in trust and in strictest confidence, (b) will protect the Confidential Information from disclosure and will in no event take any action causing, or fail to take any action reasonably necessary to prevent, any Confidential Information to lose its character as Confidential Information, (c) will not, directly or indirectly, use (except for Athlete’s own personal Training hereunder) or assist others to use any Confidential Information to the detriment of Sirius, its business, goodwill, reputation or its interests, and (d) except as required by Athlete’s personal use and by his or her duties in the course of providing information to his or her physician will not, directly or indirectly, copy, duplicate, replicate, transform, modify, decompile or alter the Confidential Information or otherwise disclose or disseminate the Confidential Information to any third party without the prior written consent of Sirius, which consent may be withheld in Sirius’ absolute discretion. All Training Materials shall be returned immediately to Sirius on the date of termination or expiration of this Agreement or on Sirius’s request at any time. The provisions of this Section 7 shall survive the date of termination or expiration of this Agreement indefinitely.
(b) Noncompetition. Athlete covenants and agrees he or she will not use and will not assist others in using the Training Materials or any portion thereof to directly or indirectly, engage in, or have any interest in any other entity or person, whether as a debt or equity holder, employee, officer, director, member, manager, partner, agent, security holder, consultant or otherwise, that, directly or indirectly, is engaged in training for the sport of triathlon in any geographic area in which Sirius is directly or indirectly, engaged in the business of triathlon training. The parties hereto agree Sirius is engaged in the sport of triathlon training in every state of the United States of America, and the Countries of Japan, Costa Rica & Australia.
(c) Covenants Reasonable. Athlete acknowledges and agrees that the covenants provided for in this Article 7 are reasonable and necessary in terms of scope, duration, area, line of business and all other matters to protect Sirius’ legitimate business interests, which include, among others, business interests in protecting (a) valuable confidential business information and the Confidential Information, (b) substantial relationships with athletes throughout the United States and abroad, and (c) the goodwill associated with Sirius’ business and the Sirius Tradename.