TERMS AND CONDITIONS
By purchasing the any products, sessions, packages, digital products, services, or books (the “Product”) from Brandon Smith (“Coach”), you agree and consent to the following legal terms and conditions that govern your use of the Digital Products and that form a legal agreement between you and the Coach.
PURCHASING REQUIREMENTS
You must be at least 18 years of age or older to purchase this Product. The Product is available for individual purchase only. Friends, family, partners, colleagues, etc, will need to each purchase the Product individually. You are expressly prohibited from sharing access to the Product with anyone else. Additionally, you have no right to assign this Agreement as this Product is non-transferable.
EARNINGS DISCLAIMER AND INDIVIDUAL RESPONSIBILITIES
Coach cannot guarantee any success or drastic physical changes from using this Product. Although there are many happy students of the Products named, many of whom have provided testimonials, their results may not be typical for everyone and they are not intended to guarantee, promise, represent and/or assure that you will achieve similar results from taking the Product. Each person’s success and results depends on many factors, including dedication, desire and motivation. You accept the risk of not achieving any results (or less than desirable results) from taking the Product. This Product does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Product cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Coach disclaims any liability for your reliance on any opinions or advice contained in the Product. Any third party links to products or services are subject to separate terms and conditions. Coach is not responsible for or liable for any content on or actions taken by such third party websites. Although Coach may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
PAYMENT
You are responsible for paying for the Product in full and for providing Coach with a valid credit card or other payment method. If the payment is declined, returned or deemed fraudulent, your access to the Product will be terminated until all payments are made in full. If you enrolled through the payment plan and you miss a payment, your access to the Product will be suspended until you provide a valid credit card or other payment method. Multiple missed payments may result in termination of your access to the Product unless all remaining payments are made in full.
INTELLECTUAL PROPERTY
This Product includes materials protected by copyright, trademark and other intellectual property laws. Such materials include but are not limited to written text, workbooks, videos, audio recordings, photos, designs and graphics. Any reproduction or unauthorized use shall constitute infringement. Duplicating, sharing or uploading Product files to sharing sites is considered stealing and Coach may prosecute such misconduct to the fullest extent permitted by law. Coach provides you with this Product solely for your personal, noncommercial use and you agree that you will not use such proprietary information or materials in any way whatsoever except for use in compliance with this Agreement. You will not use the Product in a manner that constitutes infringement or that has not been authorized by Coach. More specifically, you may view, download, print, email and use these materials for your personal, noncommercial purposes only. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from the Product for commercial purposes. Additionally, you may not modify, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works, exploit or distribute in any manner or medium, including by email or other electronic means, any material from the Product.
FORBIDDEN ACTIVITIES
You are strictly forbidden from the following: • Causing damage to the Product website or private membership site • Using the Product website or private membership site for any unlawful, illegal, fraudulent or harmful purpose or activity • Using the Product website or private membership site to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software • Using the Product website or private membership site to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes • Systematically or automatically collecting data from the Product website or private membership site • Sharing private, copyrighted and proprietary information from the Product with anyone else or otherwise sharing your username and/or password
MEDICAL LIABILITY
By using this product I am aware of my own health and physical condition, and having knowledge that my participation in any exercise program may be injurious to my health, am voluntarily participating in physical activity.Having such knowledge, I hereby acknowledge and release any representatives, agents, and successors from liability for accidental injury or illness which I may incur as a result of participation in the said physical activity. I hereby assume all risks connected therewith and consent to participate in said program.I agree to disclose any physical limitations, disabilities, ailments, or impairments which may affect my ability to participate in said program.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Coach and his agents and contractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY THE INFORMATION, PRODUCTS AND SERVICES OFFERED IN THE Product ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COACH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANDISE AND FITNESS FOR A PARTICULAR PURPOSE. COACH DOES NOT WARRANT THAT THE Product WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY PART OF THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COACH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE, INABILITY TO USE, OR PURCHASE OF THE Product. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Product. NOTWITHSTANDING THE FOREGOING, ANY DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE Product. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITED OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE COACH’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONSTRUCTION OF AGREEMENT
This Agreement constitutes the entire understanding and agreement of the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral, between the parties. In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Agreement, such determination shall not affect the validity and enforcement of any other remaining provisions. The failure of Coach to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of the Agreement shall not be construed against the drafting party