Impact Fitness Coaching Academy Terms and conditions

TERMS AND CONDITIONS FOR THE ONLINE SALES

IMPACT FITNESS COACHING ACADEMY

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. 

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. 

BY PURCHASING FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

These terms and conditions (these "Terms") apply to the purchase through [www.impactcoachacademy.com] (the "Site"). These Terms are subject to change by IFCA (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Site. You should also carefully review our Privacy Policy before placing an order for products or services through this Site (see Section 9).

1. Prices and Payment Terms.

1. As consideration for and a required condition access to the Materials you agree to pay the program fee.   This may be split in accordance with the credit card authorization form. 

2. Non-payment for any reason will result in termination of access to the Materials.

3. We accept credit cards for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

2. Returns.  No refunds are allowed after access to the Materials has been granted.  Further, you agree that you will not dispute any charges for IFCA products with your credit card provider.

3. Intellectual Property Rights; Ownership.

1.  IFCA shall remain, the sole and exclusive owners of all right, title and interest in and to the Materials, including all Intellectual Property Rights therein. All rights in and to the Materials are expressly reserved by IFCA.

4. Confidential Information.

1. Unless otherwise specified you agree not to use, disclose, sell, license, publish, reproduce or otherwise make available the Confidential Information to any third party, and further agree not to use the Confidential Information except as provided by license under this Agreement. 

5. DISCLAIMER OF WARRANTIES

IFCA DOES NOT, UNDER ANY CIRCUMSTANCES, REPRESENT,

WARRANT, OR GUARANTEE THAT PARTICIPATION IN THE PROGRAM WILL

YIELD ANY SPECIFIED RESULTS, ANY AMOUNT OF INCOME THAT WILL BE

RECEIVED OR EARNED, OR THE ACHIEVEMENT OF ANY GOALS DESIRED BY CLIENT. RESULTS THAT CLIENT DESIRES OR ACHIEVES ARE IN NO WAY GUARANTEED BY IFCA OR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, INDEPENDENT CONTRACTORS, SUBSIDIARIES, OR ANY OTHER THIRD PARTY (COLLECTIVELY, “IFCA ASSOCIATES'').

IFCA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL

EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING

FROM ANY COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CLIENT

ACKNOWLEDGES AND AGREES THAT THE PROGRAM IS PROVIDED ON AN

“AS IS” AND “AS AVAILABLE” BASIS. IFCA MAKES NO WARRANTY OR

REPRESENTATION REGARDING, AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR, THE PROGRAM, INCLUDING, BUT NOT LIMITED TO: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY, OR RELIABILITY OF THE PROGRAM; (II) ANY HARM TO CLIENT’S COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT COULD RESULT FROM CLIENT’S ACCESS TO OR USE OF THE PROGRAM; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED DURING THE PROGRAM TERM; AND (IV) WHETHER THE PROGRAM WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IFCA OR THROUGH THE PROGRAM WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.

SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS  IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CLIENT. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE LONGEST DURATION PERMITTED BY LAW.

6. Limitation of Liability.

1. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.

2. The limitation of liability set forth in Section 7(b) shall not apply to (i) liability resulting from our gross negligence or willful misconduct and (ii) death or bodily injury resulting from our acts or omissions.

7. Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

8. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

9. Governing Law and Jurisdiction. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Ohio.

10. Waiver of Jury Trials and Binding Arbitration.

1. YOU AND IFCA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    

   ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

2. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Mediation Procedures ("Commercial Rules"). 

   The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 

   If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

11. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

12. Notices.

1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

2. To Us. To give us notice under these Terms, you must contact us as follows hello@impactcoachacademy.com

14. Entire Agreement. These Terms, our Website Terms of Use, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.