Terms of Service

TERMS OF PURCHASE

BY PURCHASING THIS SERVICE YOU (HEREIN REFERRED TO AS “CUSTOMER”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

Service

Eldergym® LLC (herein referred to as “Company”) agrees to provide services of the Eldergym® Academy Online Community Service (herein referred to as “Service”). Customer agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Service.

Disclaimer

The Service is offered on an “as is,” “where is,” and “where available” basis, with no warranty of any kind — whether express, implied, or statutory — including, but not limited to, warranties of title or the implied warranties of merchantability or fitness for a particular purpose. This does not affect those warranties which are incapable of exclusion, restriction, or modification under the laws applicable to this agreement.

Customer acknowledges that neither Company, its affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the Service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Service, or as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information provided through the Service.

Customer understands that Company does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth or any results of any kind. Customer agrees that its results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, business acumen, and finances and in no way dependent on any information Company provides to Customer.

Except as specifically provided in this agreement or where the law requires a different standard, you agree that Company is not responsible for any loss, property damage, or bodily injury, caused by use of the Service. To the maximum extent permissible under applicable law, Company will not be responsible to Customer or any third party claims through Customer for any direct, indirect, special or consequential, economic or other damages arising in any way out use of the Service.

This service is intended to provide general information regarding exercises for seniors and the elderly. Physical Therapists in the State of Arizona cannot give specific information to a customer about their healthcare without a prescription and an evaluation. All information will be a general recommendation for the customer to consider and discuss with their physician. Any customer questions or concerns should be directed to the customer’s physician.

The content and materials contained in this service are provided for general information purposes only and do not constitute medical or other professional advice on any subject matter. Always consult your doctor before undertaking a new exercise program or otherwise increasing your activity level.

The Company cannot be held responsible for any error, omission or dated material in this service. In no way are there any expressed or implied representations by Company, its directors or employees that this content, materials and information constitute or are to be a substitute for medical advice or guidance by a qualified doctor or medical professional regarding specific medical complaints, issues, conditions or diagnoses. Company, its directors and employees do not accept any responsibility for any loss which may arise from reliance on information contained in this service.

The Company is not liable for any damage or injury or other adverse outcome of applying the information in this service in an exercise program carried out independently or under the care of a licensed trainer or practitioner. If you have questions concerning the application of the information provided in this service, consult your doctor. Please consult your doctor before beginning an exercise program or otherwise increasing your activity level.

Service Structure

Monthly Service Structure – If Customer elects to pay for the monthly Service option (the “Monthly Service”), the Monthly Service shall include:

Monthly access to the Private Members Only community;

Monthly Live Office Hours;

Monthly access to the Eldergym® Exercise Workouts;

Monthly access to the Ever-Growing Learning Library;

Monthly Eldergym® Academy Workshops; and

Monthly access to Member Only resources.

Annual Service Structure – If Customer elects to pay for the annual Service option (the “Annual Service”), the Annual Service shall include:

Annual access to the Private Members Only community;

Annual access to monthly Live Office Hours;

Annual access to the Eldergym® Exercise Workouts;

Annual access to the Ever-Growing Learning Library;

Annual access to monthly Eldergym® Academy Workshops; and

Annual access to Member Only Resources.

Length

The Monthly Service shall be one (1) month in length and the Annual Service shall be one (1) year in length.

Fees

Monthly Service Fees.

If Customer elects to pay from April 1, 2018 onwards, the Monthly Service price shall be Twenty ($20.00 USD) per month.

Annual Service Fees.

If Customer elects to pay from April 1, 2018 onwards, the Annual Service price shall be One Hundred Ninety Nine ($199.00 USD) per year.

Method of Payment

Customer shall pay via Credit Card/PayPal.

Refund Policy

Customer is responsible for full payment of fees for the entire Service. Customer understands that fees are non-refundable after first 30 days.

Cancellation Policy

Customer may cancel at any time through customer’s My Account area. Account will remain active until end of current subscription period.

Confidentiality

The Company respects the Customer’s privacy and insists that the Customer respects the Company’s and the other Service Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by the Company, any representative of the Company, or the Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.

Customer agrees not to use such confidential information in any manner other than in discussion with the Company or other Participants during the Retreat. 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. The parties understand that the other may release Confidential Information when release is necessary to comply with law.

Further, Customer agrees that if they violate or display any likelihood of violating this section the Company and/or the other Participant 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 in the course of Customer’s work with the Company is proprietary, copyrighted and developed specifically for Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure to a third party is strictly prohibited.

No Transfer of Intellectual Property

The Service is copyrighted and the 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 Service, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.

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.

Customer Responsibility

Customer accepts and agrees that Customer is fully responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing regarding Customer’s performance. Customer understands that because of the nature of the Service and extent, the results experienced by each customer may significantly vary. Customer acknowledges there is no guarantee that Customer will reach their goals as a result of participation in the Service.

Force Majeure

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 Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Severability/Waiver

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.

Miscellaneous

A) Limitation of Liability. Customer agrees they used the Service at their own risk and that the Service is only an educational service being provided. Customer releases Company, its officers, employers, directors, and related entities from any and all damages that may result from any claims arising from any agreements, past or present, between the parties. 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 the Service or enrollment in the Service. Customer knowingly, voluntarily, and expressly, waives any claim for damages including but not limited to; injury or death Customer may sustain as a result of participating in the Service.

Customer further declares and represents that no promise, inducement or agreement not herein expressed has been made to Customer to enter into this release. The release made pursuant to this paragraph shall bind Customer’s heirs, executors, personal representatives, successors, assigns, and agents.

B) Non-Disparagement. In the event that a dispute arises between the Parties, 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. The Parties agree that neither 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, each other or any of its services, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

C) Assignment. This Agreement may not be assigned by the Customer. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of 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.

D) Termination. Company is committed to providing all Customers in the Service with a positive experience. Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to the Service without refund or forgiveness of annual payments if Customer becomes 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.

E) 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, attorney’s 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 Service, 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.

F) Governing Law/Venue. All disputes regarding the construction, interpretation and parties’ obligations under this Agreement will be governed by and construed in accordance with the city of Mesa, Arizona, USA, notwithstanding any of that city’s laws to the contrary, regardless of the location of the Engagement. The venue and jurisdiction for the resolution of any such dispute are the courts in the city of Mesa, Arizona, USA. Company agrees to abide by all applicable local laws. If Company brings a claim for unpaid fees, Customer shall pay all court costs, attorney fees.

G) 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.

H) 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: douglas@eldergym.com

I) Entire Agreement. 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.

BY PURCHASING THIS SERVICE, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.

 

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