Terms of Service
Last updated: July 3, 2026
1. Introduction
- Purpose and Agreement to Terms. This Terms of Service Agreement ("Agreement") is entered into by and between Trainwell LLC, an Iowa limited liability company ("Company," "we," "us," or "our"), and you ("User" or "you"), and is made effective as of the date of your first use of this website or the date of electronic acceptance.
- This Agreement sets forth the general terms and conditions of your use of the services made available by Trainwell LLC and of the Trainwell LLC website (collectively, the "Services"). By accessing, browsing, and using this website or the Services, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions of this Agreement and any other policies and guidelines incorporated by reference.
- Modifications to Terms. Trainwell LLC reserves the right, at our sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. You must review these terms on a regular basis to keep yourself informed of any changes. The most current version will supersede all previous versions. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
2. Definitions
- "Services" means the sales training services and AI coaching provided by Trainwell LLC.
- "User Data" refers to any data provided by the user to Trainwell LLC, including but not limited to registration information, contact details, and usage data.
- "Proprietary Data" means any confidential or proprietary information related to the user's business, including but not limited to trade secrets, business plans, and client lists.
- "Customer Data" means any information related to the user's customers, including but not limited to personal information, purchase history, and contact information.
- "AI George" refers to the artificial intelligence coach provided by Trainwell LLC.
- "Website" refers to the Trainwell LLC website where the Services are provided.
- "User" refers to the individual or entity that has registered for the Services.
- "Employee" refers to any employee of the User who is authorized to use the Services.
3. Services Provided
- Trainwell LLC provides a comprehensive suite of training services designed to enhance the sales capabilities of insurance agents. These services include, but are not limited to:
- • On-demand video tutorials and courses accessible through our Website.
- • Monthly master classes led by industry experts.
- • Weekly roleplay sessions and Q&A calls designed to provide real-time feedback and guidance.
- • One-on-one coaching sessions tailored to individual needs and objectives (where included in your plan).
- AI Coach Functionality. AI George is an artificial intelligence system designed to assist users by providing automated responses, training insights, and performance evaluations based on predefined algorithms and user inputs. AI George is intended to supplement human coaching and provide users with additional resources and support. Access to AI George is subject to usage limits as determined by Trainwell LLC from time to time.
4. User Responsibilities
- Account Registration. In order to access certain features of the Services, you may be required to create an account. When you create an account, you agree to:
- • Provide accurate, current, and complete information as prompted by any registration forms on the Website ("Registration Data").
- • Maintain and promptly update the Registration Data to keep it accurate, current, and complete.
- • Maintain the security and confidentiality of your password and any other security or access information used to access the Services.
- • Immediately notify Trainwell LLC at support@trainwell.co of any unauthorized use of your account or any other breach of security.
- User Conduct. As a condition of your use of the Services, you agree not to use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Trainwell LLC server, or interfere with any other party's use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks through hacking, password mining, or any other means.
- Compliance with Laws. Users agree to comply with all applicable local, state, national, and international laws and regulations, including all licensing, appointment, and E&O requirements applicable to their insurance business.
5. Data Protection and Privacy
- User Data. Trainwell LLC is committed to protecting the privacy of user data. We collect and use your data in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. By using the Services, you consent to the collection and use of your data as described in the Privacy Policy.
- Proprietary Data. Users must not share any Proprietary Data with AI George or Trainwell LLC. Proprietary Data remains the sole property of the user, and Trainwell LLC shall have no rights to such data.
- Customer Data. Users are prohibited from sharing Customer Data with AI George or Trainwell LLC. Customer Data includes any information that identifies or can be used to identify a customer. Trainwell LLC does not collect, store, or process Customer Data, and users are solely responsible for ensuring the confidentiality and security of Customer Data.
- Security Measures. Trainwell LLC employs industry-standard security measures to protect the integrity and confidentiality of User Data. These measures include data encryption in transit and at rest, regular security reviews, and secure access protocols for user accounts.
- Data Breach Protocol. In the event of a data breach, Trainwell LLC will promptly notify affected users, provide information on the nature and extent of the breach, offer steps users can take to protect themselves, and implement measures to mitigate the breach and prevent future occurrences.
6. Restrictions on Use
- Training and AI Usage. The training and AI services provided by Trainwell LLC must not be used in the presence of customers or on computers or networks owned by the company that the user works for or represents without that company's explicit permission. Users agree to use the Services only in private, secure environments and to refrain from using the Services in the presence of customers or unauthorized individuals.
- Prohibited Environments. Users must not use the Services in public or unsecured environments where unauthorized individuals may gain access to the Services (e.g. public libraries, coffee shops on open networks).
- Company Computers and Networks. The training and AI services must not be accessed using devices or networks owned by the company that the user works for or represents without explicit permission from that company. Users must ensure that they are in compliance with their employer's policies regarding the use of external training and AI services.
7. Intellectual Property
- Ownership of Content. All content provided through the Services — including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software — is the property of Trainwell LLC or its content suppliers and is protected by United States and international copyright laws.
- License to Use. Trainwell LLC grants users a limited, non-exclusive, non-transferable license to access and make personal use of the Services during the term of the user's active subscription. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- Intellectual Property Infringement. Users are prohibited from infringing on the intellectual property rights of Trainwell LLC or any third party. This includes but is not limited to unauthorized copying, distribution, modification, or creation of derivative works based on the content provided through the Services.
8. Confidentiality
- Non-Disclosure. Users agree not to disclose any confidential information obtained through our Services. Confidential information includes, but is not limited to, any information that is not generally known to the public and that the disclosing party designates as being confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential.
- Handling of Sensitive Information. Users must handle all sensitive information with care and must not share it with unauthorized parties. Sensitive information includes, but is not limited to, User Data, Proprietary Data, and Customer Data. Users must take all reasonable precautions to protect the confidentiality of sensitive information and must not use it for any purpose other than as expressly authorized in this Agreement.
9. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TRAINWELL LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRAINWELL LLC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
10. Limitation of Liability
IN NO EVENT SHALL TRAINWELL LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF TRAINWELL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification
Users agree to indemnify and hold Trainwell LLC, its affiliates, officers, agents, and employees harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
12. Termination
- Termination by User. Users may terminate their account at any time by contacting us at support@trainwell.co. Upon termination, users must cease all use of the Services. Any provisions of this Agreement that by their nature should survive termination shall survive — including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Termination by Company. Trainwell LLC reserves the right to terminate or suspend any user's access to the Services at our discretion, without notice or liability, for any reason, including but not limited to violations of these Terms. Upon such termination or suspension, users must immediately cease using the Services.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Iowa, without regard to its conflict-of-law principles. Any legal actions, suits, or proceedings arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in Iowa, and users hereby accept and submit to the personal jurisdiction of these courts.
14. Dispute Resolution
- Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in Iowa, in accordance with the rules of the American Arbitration Association ("AAA"). The arbitrator's decision shall be final and binding on the parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Users agree to waive any right to a jury trial or to participate in a class action.
- Arbitration Process. The party initiating arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree, the AAA will appoint one. The arbitrator will be an attorney or retired judge with experience in the field of contract law.
- Costs of Arbitration. Each party will be responsible for their own costs and expenses of arbitration, including attorneys' fees, and will share equally the arbitrator's fees and administrative fees of arbitration.
15. Subscription Plans and Payment Terms
- Subscription Tiers. Trainwell LLC offers multiple subscription tiers to cater to different agency needs. The specific features and services available under each tier are detailed on our website. By subscribing, you agree to the terms and conditions applicable to your selected tier.
- Subscription Fees. Users agree to pay the subscription fees specified for their chosen tier at the time of subscription, billed as set out in the signed order form. All fees are non-refundable except as expressly provided in these Terms, in the Refund Guarantee, or as required by applicable law.
- Payment Terms. Users must provide valid payment information at the time of subscription. By subscribing, you authorize Trainwell LLC to charge your provided payment method for the subscription fees on the schedule set out in your order form. If we are unable to process your payment, we may suspend or terminate your access to the Services until payment is successfully processed.
- Subscription Renewal and Cancellation. Subscriptions renew per the schedule set out in your order form. You may cancel your subscription by contacting support@trainwell.co in accordance with the cancellation terms in that order form.
- Changes to Subscription Plans. Trainwell LLC reserves the right to modify subscription fees and features at any time. We will notify you of any material changes at least 30 days in advance. Your continued use of the Services after such changes constitutes acceptance.
- Upgrades and Downgrades. Users may upgrade or downgrade their subscription tier at any time by contacting support@trainwell.co. Fee changes due to upgrades or downgrades will be pro-rated for the remainder of the current billing cycle.
- Refunds. Refunds are governed by our Refund Guarantee (see /legal/refund). Except where the Refund Guarantee applies, subscription fees are non-refundable. Trainwell LLC may grant refunds under exceptional circumstances at its sole discretion. Refund requests should be sent to support@trainwell.co.
16. Prohibited Activities
- Users are expressly prohibited from engaging in any activity that:
- • Involves illegal activities or promotes illegal activities.
- • Involves harassment, abuse, or harm to others.
- • Infringes on the intellectual property rights of Trainwell LLC or third parties.
- • Violates the privacy rights of others.
- • Attempts to reverse engineer, decompile, or extract the source code of the software used in the Services.
- • Uses automated tools or bots to access or interact with the Services.
- • Disrupts or interferes with the Services, including denial-of-service attacks.
17. Usage Monitoring and Enforcement
- Usage Monitoring. Trainwell LLC reserves the right to monitor user activity to ensure compliance with these Terms. This includes tracking login times, session durations, and user actions within the platform; reviewing content uploaded or shared by users; and analyzing usage patterns to detect and prevent misuse.
- Enforcement Actions. In the event of a violation, Trainwell LLC may issue warnings, temporarily suspend user accounts, permanently terminate user accounts in cases of severe or repeated violations, and report illegal activities to appropriate law enforcement authorities.
18. Third-Party Services
- Trainwell LLC integrates with several third-party services to deliver the platform. As of the date above, these include LearnWorlds (learning management), GoHighLevel (CRM and lifecycle communications), Zoom (live coaching calls), Stripe (payment processing), Supabase (authentication and database), Google Cloud (API hosting), and Vercel (website hosting). Users acknowledge that:
- • Their use of these third-party services is subject to the terms and conditions of the respective third parties.
- • Trainwell LLC is not responsible for the actions or inactions of third-party service providers.
19. Limitation on Use
Commercial Use. Users are prohibited from using the Services for commercial purposes beyond what is permitted by their subscription plan unless expressly authorized by Trainwell LLC.
20. Contact
Questions about these Terms? Reach us at support@trainwell.co.
Additional Terms — SalesKick Compliance Addendum
TERMS OF SERVICE
Effective Date: July 3, 2026
1. Introduction
Welcome to Trainwell LLC (“we,” “us,” or “our”). These Terms of Service (“ToS” or “Agreement”) govern your access to and use of our services, including our sales training, AI-powered coaching, on-demand video courses, master classes, live coaching sessions, and progress tracking tools for insurance agencies (collectively, the “Services”). By accessing, using, or interacting with our Services, you (“User,” “you,” or “your”) agree to be bound by these ToS and our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to these ToS, you must discontinue your use of the Services immediately.
This Agreement forms a legally binding contract between you and Trainwell LLC. Please read these ToS carefully. By accepting these ToS, you also acknowledge and accept the Arbitration Agreement contained in Section 15, which waives your right to a jury trial and to participate in class actions.
2. Definitions
“Account”: The account you create when you register to use our Services.
“Content”: Any and all text, data, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials provided through the Services.
“Data”: Any information, including Personal Data, that you provide or that is collected from you in connection with your use of the Services.
“Personal Data”: Any information relating to an identified or identifiable individual, as defined under applicable privacy laws.
“Sales Kick”: The platform provider we use as a subcontractor for processing and enriching your data, operating solely on our behalf and under our control. Sales Kick is not a party to this Agreement.
“Third-Party Services”: Any services or products provided by entities other than Trainwell LLC that are made available through our Services.
3. Acceptance of Terms
By accessing or using the Services, you affirm that you are at least 18 years of age, or the age of majority in your jurisdiction, and are capable of entering into a legally binding agreement. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these ToS.
4. Modification of Terms
We reserve the right, at our sole discretion, to modify, update, or change these ToS at any time. Such changes will be effective upon posting the updated ToS on our website or platform. You should review these ToS regularly. Your continued use of the Services after any changes to these ToS constitutes your acceptance of the revised ToS. If you do not agree to the new terms, you must stop using the Services immediately.
5. Services Overview
a. Description of Services
Trainwell LLC provides sales training, AI-powered coaching (AI George), on-demand video courses, master classes, live coaching sessions, and homework and progress tracking tools designed to help multiline insurance agencies ramp new producers faster, write more life and health, and install accountability systems that keep the team producing. These Services are designed to help multiline insurance agencies ramp new producers faster, write more life and health, and install accountability systems that keep the team producing.
b. Third-Party Subcontractors
To enhance the functionalities of our Services, we use the Sales Kick platform as a subcontractor to process and enrich your data. Sales Kick operates solely under our direction and is not a party to this Agreement. You will not interact directly with Sales Kick, and your data will be processed as part of our integrated service offering.
c. Service Availability
While we strive to ensure the continuous availability of our Services, we cannot guarantee that the Services will be uninterrupted or error-free. We reserve the right to modify, suspend, or discontinue any part of the Services at any time without notice.
6. User Obligations and Conduct
a. Compliance with Laws
You agree to comply with all applicable laws, regulations, and industry standards when using the Services, including but not limited to privacy, data protection, intellectual property, and export control laws.
b. User Account Responsibilities
Account Information: You agree to provide accurate, current, and complete information when creating your Account and to update such information as necessary.
Security of Account: You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You must notify us immediately if you suspect any unauthorized use of your Account.
c. Prohibited Activities
You agree not to:
- Use the Services for any illegal, unauthorized, or prohibited purpose.
- Infringe on the rights of others, including intellectual property rights.
- Interfere with or disrupt the Services, servers, or networks connected to the Services.
- Use any automated means (e.g., bots, scrapers) to access or collect data from the Services without our express permission.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Use the Services to transmit any malicious software, viruses, or other harmful code.
- Engage in any activity that could damage, disable, or impair the functioning of the Services.
7. Data Privacy and User Consent
a. Data Collection and Processing
Personal Data: We collect and process your Personal Data as part of providing the Services. This may include data you provide directly, data we collect automatically, and data we obtain from third-party sources.
Data Enrichment: Your data may be enriched through the Sales Kick platform, which processes your information on our behalf to enhance the accuracy, relevance, and utility of the Services we provide to you.
b. User Consent
By using our Services, you consent to:
- The collection, processing, and sharing of your data as described in these ToS and our Privacy Policy.
- The use of your data for the purpose of improving, customizing, and optimizing the Services, including through data enrichment and calendar management.
- The sharing of your data with Sales Kick, our subcontractor, solely for the purpose of providing the Services.
- The transfer of your data to and from third-party service providers, as necessary to deliver the Services.
I understand by submitting an application to book a sales call, I am providing written instructions authorizing Trainwell LLC and affiliates to obtain my personal credit profile or other information from credit reporting agencies under the FCRA solely to conduct a credit pre-qualification. I further understand that this is a soft pull and will not harm my credit in any way whatsoever.
c. Data Sharing and Disclosure
Subcontractors and Service Providers: We may share your data with subcontractors, including Sales Kick, who assist us in providing the Services. These parties are bound by confidentiality and data protection obligations and will not use your data for any purpose other than to perform the Services on our behalf.
Legal Compliance: We may disclose your data to comply with legal obligations, such as in response to court orders, legal processes, or government requests.
d. Data Security
Security Measures: We implement reasonable security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
User Responsibilities: You are responsible for safeguarding the device and network through which you access the Services. You should ensure that your software and systems are up to date and that you take appropriate precautions to protect your data.
8. Intellectual Property Rights
a. Ownership
All intellectual property rights in the Services, including but not limited to software, content, trademarks, and logos, are owned by Trainwell LLC or its licensors. Your use of the Services does not grant you any rights to our intellectual property, except for the limited rights necessary to use the Services in accordance with these ToS.
b. License to Use the Services
Subject to your compliance with these ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.
c. Restrictions
You may not:
- Copy, modify, distribute, sell, or lease any part of our Services or included software.
- Reverse engineer or attempt to extract the source code of any software used in the Services, except as expressly permitted by applicable law.
- Use any of our intellectual property, including trademarks, logos, or content, without our express written consent.
9. Representations and Warranties
a. User Representations and Warranties
You represent and warrant that:
- Authority: You have the legal authority to enter into and comply with these ToS.
- Accuracy of Information: All information you provide in connection with your use of the Services is accurate, complete, and current.
- Compliance with Laws: You will comply with all applicable laws, regulations, and industry standards in your use of the Services.
- No Infringement: Your use of the Services does not and will not infringe on the intellectual property, privacy, or other rights of any third party.
- No Harmful Activities: You will not engage in any activity that is harmful to us, Sales Kick, our other users, or the general public, including the transmission of viruses, malware, or other harmful code.
b. Third-Party Client Representations and Warranties
Trainwell LLC represents and warrants that:
- Compliance with Laws: We will comply with all applicable laws, including data protection and privacy laws, in providing the Services.
- No Conflict: Our provision of the Services does not and will not conflict with any other agreement or legal obligation to which we are subject.
- Data Security: We will implement reasonable security measures to protect your data and ensure that our subcontractors, including Sales Kick, comply with applicable data protection obligations.
- Service Continuity: We will make commercially reasonable efforts to ensure the continuous availability of the Services, subject to the limitations set forth in these ToS.
c. Disclaimer of Warranties
Except as expressly provided in these ToS, the Services are provided “as-is” and “as-available” without any warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non- infringement, or any warranties arising from course of dealing, course of performance, or usage in trade.
10. Limitation of Liability
a. Exclusion of Damages
To the fullest extent permitted by law, Trainwell LLC, Sales Kick, and their affiliates, officers, agents, employees, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or use, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
b. Cap on Liability
In no event shall the total liability of Trainwell LLC, Sales Kick, and their affiliates to you for all claims arising out of or related to these ToS or your use of the Services exceed the amount you paid to us for the use of the Services in the 12 months preceding the claim.
c. No Liability for Third-Party Services
We are not responsible for any Third-Party Services made available through the Services. Your use of Third-Party Services is at your own risk, and we make no representations or warranties regarding such services.
11. Indemnification
You agree to indemnify, defend, and hold harmless Trainwell LLC, Sales Kick, and their affiliates, officers, agents, employees, partners, and licensors from any claim, demand, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
- Your use of the Services.
- Your breach of these ToS or violation of any applicable laws or the rights of a third party.
- Any claims that your use of the Services infringes the intellectual property rights of a third party.
- Any data or content you provide or create through the Services.
12. Termination
a. Termination by You
You may terminate your use of the Services at any time by ceasing to use the Services and, if applicable, closing your Account.
b. Termination by Us
We reserve the right to suspend or terminate your access to the Services at any time, without notice or liability, for any reason, including if we believe you have violated these ToS or engaged in unlawful behavior.
c. Effects of Termination
Upon termination of your access to the Services, your right to use the Services will immediately cease. Any provisions of these ToS that by their nature should survive termination will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Dispute Resolution and Governing Law
a. Governing Law
These ToS and any disputes arising out of or related to them will be governed by the laws of the State of Iowa, without regard to its conflict of laws principles.
b. Arbitration Agreement
i. Arbitration
You and Trainwell LLC agree that any dispute, controversy, or claim arising out of or relating to these ToS, the Services, or any relationship between the parties, including claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration using the American Arbitration Association (“AAA”).
The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be conducted by a single arbitrator with experience in resolving disputes related to the type of services provided by Trainwell LLC. The arbitrator’s decision shall be final and binding on all parties.
The arbitration shall take place in Tiffin, Iowa, or at another mutually agreed location. If the amount in controversy does not exceed $10,000, you may choose to have the arbitration conducted by telephone, video conference, or based solely on written submissions, subject to the discretion of the arbitrator.
The parties shall share the costs of arbitration, including arbitrator fees, equally, unless the arbitrator determines that such apportionment is not appropriate given the circumstances of the case. Each party shall bear its own legal fees and expenses, unless the arbitrator awards legal fees and costs to the prevailing party under applicable law.
You agree that any arbitration or proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims or preside over any form of a representative or class proceeding.
If any portion of this Arbitration Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect. However, if the class action waiver in this Arbitration Agreement is found to be unenforceable, the entire Arbitration Agreement shall be null and void.
In the event that this Arbitration Agreement is found not to apply to a dispute, you and Trainwell LLC agree that any non-arbitrable disputes shall be resolved exclusively in the state or federal courts located in Tiffin, Iowa, and you consent to venue and personal jurisdiction in such courts.
Any arbitration proceedings, documents, and information exchanged between the parties in connection with such proceedings, and any final arbitration award, shall be strictly confidential, except as necessary to enforce or challenge the arbitration award in a court of law, or as required by law.
14. Miscellaneous
a. Entire Agreement
These ToS, together with our Privacy Policy, constitute the entire agreement between you and Trainwell LLC concerning the Services and supersede any prior agreements, whether written or oral.
b. Severability
If any provision of these ToS is found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these ToS and shall not affect the validity and enforceability of any remaining provisions.
c. Waiver
No waiver of any term of these ToS shall be deemed a further or continuing waiver of such term or any other term, and Trainwell LLC’s failure to assert any right or provision under these ToS shall not constitute a waiver of such right or provision.
d. Assignment
You may not assign your rights or obligations under these ToS without our prior written consent. We may assign our rights and obligations under these ToS without restriction.
e. Force Majeure
We shall not be liable for any failure or delay in our performance under these ToS due to causes beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, supply chain disruptions, pandemics, power outages, or governmental restrictions.
f. Headings
The headings used in these ToS are for convenience only and have no legal or contractual effect.
g. Contact Information
For any questions or concerns regarding these ToS, please contact us at Trainwell LLC, 1800 Green Oak Pass, Tiffin, IA · support@trainwell.co.