Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:  “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions.  “The Company”, “Ourselves”, “We” and “Us”, refers to our Company.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.  All terms refer to the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Utah Law.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

1. PRIVACY STATEMENT

We are committed to protecting your privacy.  Authorized employees within the company on a need to know basis only use any information collected from individual customers.  We constantly review our systems and data to ensure the best possible service to our customers.  Some jurisdictions have created specific offenses for unauthorized actions against computer systems and data.

2. AVAILABILITY

Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States.  All advertising is intended solely for the United States market.  You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site.  Redistribution or republication of any part of this site or its content is prohibited; penalty will be $1,000 per violation.  This includes things such as framing or other similar or any other means, without the express written consent of the Company. Piracy is not a victimless crime. It is understood that your username and password will not be shared with a second party; penalty will be $1,000 per violation. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability.  By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, however caused.

3. CONFIDENTIALITY

Client records are regarded as confidential and therefore will not be divulged to any third party, other than our vendors/suppliers and if legally required to do so to the appropriate authorities.  Clients have the right to request sight of, and copies of any and all Client Records we keep, on the provision that we are given reasonable notice of such a request.  Clients are requested to retain copies of any literature issued in relation to the provision of our services.  Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

4. DISCLAIMER of EXCLUSIONS and LIMITATIONS

The information on this web site is provided on an “as is” basis.  To the fullest extent permitted by law, this Company:

1. Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in the website and/or the Company’s literature, and
2. Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

5. PERSONAL DISCLAIMERS
6. In no event will We, our Coaches and/or Contributors be liable to any party for any direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on this website or blog, e-mails, programs, services, and/or products, including, without limitation, any lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
7. The information that our Coaches and Contributors will be providing, comes from personal experience and/or studies and research.
8. The information contained in our website, blog, guest blogs, e-mails, programs, services and/or products is for educational and informational purposes only, and is made available to you as self-help tools for your own use. While our Coaches and Contributors draw on their prior expertise and background in many areas, you acknowledge that we are supporting you in our roles exclusively as advisors.
9. None of the information provided is intended to substitute professional medical advice, diagnosis, or treatment. Our Coaches and Contributors are not health practitioners or mental health providers; and we are not holding their advice out there as either in any capacity.   Rather, we serve as Coaches, Contributors, Mentors and Guides who will help you with the resources to make better decisions for your family.  Never disregard professional medical advice, or delay in seeking it, because of something you have read on this website.  Never rely on information on this website in place of seeking professional medical advice.
10. We aim to accurately represent the information provided on this website, blog, e-mails, programs, services, and products. You are acknowledging that you are participating voluntarily in using our website or blog or in any of our e-mails, programs, services, and/or products, and you alone are solely and personally responsible for your results.  You acknowledge that you take full responsibility for your health, life and well-being, as well as the health, lives and well-being of your family and children, in all decisions now or in the future.
11. In the event that you use the information provided through our website, blog, e-mails, programs, services, and/or products, we assume no responsibility.
12. Every effort is made to ensure the accuracy of published information on or through our website, blog, e-mails, programs, services, and products; however, the information may inadvertently contain inaccuracies or typographical errors. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of sports development research is constantly evolving, we cannot be held responsible for the accuracy of our content.

6. RESULTS DISCLAIMERS
7. We make every effort to ensure that we accurately represent these products and services and their potential for results. There is no guarantee that you will experience the same results and you accept the risk that the skill development, muscle building, mental enhancement, competition results, fitness levels, footwork acuity, etc… will differ by individual, especially based on the time and effort in development.
8. We make no guarantees concerning the level of success you may experience, and you accept the risk that results will differ for each individual. The testimonials and examples provided are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results.
9. Each individual’s success in skill development, muscle building, mental enhancement, competition results, fitness levels, footwork acuity, etc… depends on their background, dedication, desire, and motivation. As with any program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, unique genetic profile, starting point, expertise, and level of commitment.
10. There is no assurance that examples of results can be duplicated in the future by everyone. Nor can we guarantee that you maintain the results you experience if you do not continue to follow the advice of our Coaches and Contributors.  We are not responsible for your actions.
11. The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your family’s development that is directly or indirectly related to the purchase and use of our information, products and services.
12. We present real world experiences and insights on other people’s experiences for purposes of illustration only.
13. The testimonials, examples, videos and photos used are of actual individuals who have personally achieved certain levels. Each of these contributors have approved these testimonials, examples, videos and photos for use in materials to support our program, services, and/or product capabilities; but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.  Rather these contributors stories, represent what is possible with our programs, services, and/or products.

7. PAYMENT

Visa and MasterCard are acceptable methods of payment without interest charged.  American Express will be charged 3.5% on each payment.  All payments in full are less then the monthly options.  If you choose one of the monthly payment options, you will be responsible to make that monthly payment for all 12 months.  Monthly payments will be recurring transactions on a monthly basis.  If a Client chooses the monthly payment option, they will Qualify for the Discount Membership after the 11^th payment.  We reserve the right to seek recovery of any money remaining unpaid thirty (30) days from due date.  The Company will use Agencies and/or Small Claims Court to resolve the matter.  In such circumstances, you shall be liable for any and all additional administrative legal fees and court costs.

8. CANCELLATION POLICY

Minimum of 30-day notice of cancellation required.  The Notification can not come sooner then the first day of the 11^th month of the agreement.  Notification via email will be accepted subject to confirmation in writing. 

9. REFUND POLICY

No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. 

10. LOG FILES

We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.  IP addresses are not linked to personally identifiable information.  Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times, open, mail, URL requested, and referral URL.  This information is not shared with third parties and is used only within this Company on a need-to-know basis.  Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

11. COOKIES

Like most interactive web sites, this Company’s website [or ISP] may use cookies.  Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting.  Some of our affiliates and partners may also use cookies.  

12. LINKS To this WEBSITE

You may not create a link to any page of this website without our prior written consent.  If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

13. LINKS From this WEBSITE

We do not monitor or review the content of other party’s websites which are linked to from this website.  Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher or such opinions or material.  Please be aware that we are not responsible for the privacy practices, or content, of these sites.  We encourage our users to be aware when they leave our site and to read the privacy statements of these sites.  You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.  This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

14. COPYRIGHT NOTICE

Copyright and other relevant intellectual property right exists on all text relating to the Company’s services and the full content of the website.

This Company’s logo is a registered trademark of this Company in the United States and other countries.  The brand names and specific services of this Company featured on this web site are trade marked.

15. COMMUNICATION

We have several different e-mail addresses for different queries.  These and other contact information, can be found on our Contact Us link on our website or via Company literature.    

16. FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including, but not limited to any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.  Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.

17. WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are eroded hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement.  No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

18. GENERAL

The laws of the United States govern these terms and conditions.  By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Utah State courts in all disputes arising out of such access.  If any of these terms are deemed invalid or unenforceable or any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply.  Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.  These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duty authorized representatives of the Company.

19. NOTIFICATION of CHANGES

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.  If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site.  If there are any changes in how we use our sites customers Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change.  Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place.  You are therefore advised to re-read this statement on a regular basis.

These terms and conditions form part of the Agreement between the Client and ourselves.  Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.  Your statutory Consumer Rights are unaffected.

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