TERMS OF PURCHASE
Please READ Carefully and Sign in the Required Areas
By purchasing any of the products on this website (herein referred to as “Customer”) agrees to the follow terms stated herein.
SumFitness (herein referred to as “SF” or “Company”) agrees to provide Products identified in online commerce shopping cart. Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their purchase of Product.
Customer understands Russell McLean (herein referred to as “Consultant” or “Russell”) and Company, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, or financial analyst, psychotherapist or accountant. Customer understands their purchase of Product will not treat or diagnose any disease, illness, or ailment and if they should experience any such issues they should see their registered physician or other practitioner as determined by their own judgment.
Customer understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Customer; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Customer; (6) introduce Customer to Consultant’s full network of contacts, media partners or business partners. Customer understands that a relationship does not exist between the parties after the conclusion of the Product. If the Parties continue their relationship, a separate agreement will be entered into.
METHODS OF PAYMENT
If Customer elects to pay by monthly installments, Customer authorizes the Company to charge Customer’s credit card or debit card. If Customer elects to pay in FULL, Customer may pay by credit card or debit card.
Customer has (60) days from date of the Product’s first class to receive a refund pending they provide all completed course work, show proof of attendance, and contact Company prior to refund expiration period. Refunds will be processed within 30-60 days from request and are at the sole discretion of Company. Customer must email firstname.lastname@example.org for all refund requests.
The Company respects Customer’s privacy and insists that Customer respects the Company’s and other Product Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group calls, from the forum or otherwise.
Customer agrees not to use such confidential information in any manner other than in discussion with other Participants throughout Product. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
Customer agrees not to violate the Company’s publicity or privacy rights. Furthermore Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.
Further, by signing below you agree that if you violate or display any likelihood of violating this session the Company and/or other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF MATERIALS
Material given to Customer with the purchase of Product is proprietary, copyrighted and developed solely and specifically for Company. Original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party is strictly prohibited.
NO TRANSFER OF INTELLECTUAL PROPERTY
SumFitness is copyrighted and original materials that have been provided to Customer are for Customer’s individual use only and a single-user license. Customer is not authorized to use any of Company’s intellectual property for Customer’s business purposes. All intellectual property, including Company’s copyrighted Product and/or course materials, shall remain the sole property of SumFitness. No license to sell or distribute Company’s materials is granted or implied.
By signing below, Customer agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by signing below, Customer agrees that if Customer violates, or displays any likelihood of violating, any of Customer’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Product is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Product. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Product and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Product.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Customer agrees they used Company’s services at their own risk and that Product is only an educational service being provided. Customer releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Product is held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my purchase of the Product. Customer accepts any and all risks, foreseeable or unforeseeable.
Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Product. Company assumes no responsibility for errors or omissions that may appear in any of the Product materials.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Products, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
ASSIGNMENT. This Agreement may not be assigned by either party without express written consent of both parties.
TERMINATION. Company is committed to providing all customers in the Product with a positive Product experience. By signing below, Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Product without refund or forgiveness of monthly payments if Customer become disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.
INDEMNIFICATION. Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
RESOLUTION OF DISPUTES. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Customer, Customer is responsible for any and all arbitration and attorney fees.
EQUITABLE RELIEF. In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
NOTICES. Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: email@example.com
This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.
This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.
This Agreement shall be governed by and construed in accordance with the laws of the Ontario, Canada