AFFILIATE DISCLAIMER
General
This website (the “Site”) is owned and operated by Ben James & Jacob Steyn – Smartstrong, (“We” or “Us”). By using the Site, you agree to be bound by these Terms and Conditions of Use and Service (“Terms and Conditions”) and to use the Site in accordance with these Terms of and Conditions and Service, Privacy Policy, and Refund Policy. The Terms and Conditions are in addition to the terms and conditions that may apply to other sections of the Site or to other products as well as services that are available through the Site or from Ben James & Jacob Steyn – Smartstrong, including but not limited to the courses we create. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms and Conditions.
We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will always post the revised Terms and Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms and Conditions, as modified.
1. Introduction
This disclaimer shall govern your use of our website.
By using our website, you accept the terms and conditions in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.
Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [Privacy Policy] https://www.smartstrong.co.uk
2. Credit
This document was created using a template from SEQ Legal (https://seqlegal.com).
3. Copyright notice
Copyright (c) 2020. Smartstrong.
Subject to the express provisions of this disclaimer:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 We grant permission to temporarily download a copy of the materials (information or software) on this Site for personal, non-commercial transitory viewing only. This is the grant of a license but is by no means a transfer of title, and under this license you may not:
Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- republish material from our website (including republication on another website);
- Attempt to decompile or reverse engineer any software contained on the website;
- Remove any copyright that may be in place, or any other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
- sell, rent or sub-license material from our website;
- exploit material from our website for a commercial purpose; or
- The license offered shall automatically terminate if you violate any of these restrictions and may be terminated by Ben James & Jacob Steyn – Smartstrong at any time. Upon terminating your viewing of these materials, or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
- Use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- Use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
- Access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
- Violate the directives set out in the robots.txt file for our website; or
- Use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
- [additional list items]
- You must not use data collected from our website to contact individuals, companies or other persons or entities.
- You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.
You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes
We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Your License to Us
By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are 16 years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire. As such, the copyrights in those works shall belong to Smartstrong from their creation. Thus, Smartstrong shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Smartstrong determines.
You acknowledge that Smartstrong has the right but not the obligation to use and display any postings or contributions of any kind and that Smartstrong may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
6. Limited warranties
We do not warrant or represent:
- the completeness or accuracy of the information published on our website;
- that the material on the website is up to date; or
- that the website or any service on the website will remain available.
We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.
7. Interactive Features
This Site and programs/courses offered by Smartstrong may include a variety of features, such as course sites, bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site or elsewhere such as Facebook groups and Google Hangouts, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
· Restrict or inhibit any other user from using and enjoying the Site.
· Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
· Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
· Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
· Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
· Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
· Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
· Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
· Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Smartstrong maintains online communities such as Facebook groups, LinkedIn and other private and public forums on its Sites and elsewhere, and from time to time may host message boards and chats. Smartstrong reserves the right to exercise its discretion and refuse, limit, or terminate any user’s access to this Site and any of the other private or public forums and communities for any reason, including but not limited to posting what Smartstrong deems as inappropriate messages or content, engaging in what Smartstrong deems as disruptive behavior, and/or for failing to comply with these Terms and Conditions. Such conduct may also constitute a violation of the Terms and Conditions for Smartstrong programs/courses. It may also void, and nullify, the refund policy for such program.
The message boards, Facebook groups, LinkedIn and other forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Smartstrong, outside contributors, or by users not connected with our organisation, some of whom may employ anonymous usernames. Smartstrong disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Smartstrong or any of its subsidiaries or affiliates.
Smartstrong has no obligation to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive.
8. Limitations and exclusions of liability
Nothing in these terms & conditions will:
· limit or exclude any liability for death or personal injury resulting from negligence;
· limit or exclude any liability for fraud or fraudulent misrepresentation;
· limit any liabilities in any way that is not
9. Intellectual Property
This Site includes proprietary information and material, including graphics, audio/video clips, and editorial content, that is exclusively owned by Smartstrong. This information is protected by all applicable intellectual property laws, including but not limited to trademark and copyright laws. As a condition of your access to this Site, you agree to not use any such proprietary information without the express written consent of Smartstrong.
10. Links
Smartstrong will not review all of the potential sites that have linked back to the Smartstrong site from their own Internet web site. We are not responsible for the contents of any such linked sites and we do not endorse any site that has included a link to our material. If you choose to use any such linked web site you do so at your own personal risk.
11. Changes Site Terms and Conditions
Smartstrong may revise our Terms and Conditions if at any time without notice. By using this Site you are agreeing to be bound by the current version of these Terms and Conditions at the time of use.
12. Conflict Resolution:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Kingdom and any dispute shall be subject to binding law within the United Kingdom. If any provision of the Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
13. Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors but may include affiliate sites where we get paid for directing this traffic. However, Smartstrong will never endorse products that we believe will not be beneficial to our target audience. The Sites that we link to are not all under our control, and we are not responsible for such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
14. Refunds and Fees
Refunds for our Programs/Courses are strictly governed by the Terms and Conditions set forth upon enrollment in these programs. Except where expressly stated, nothing in these Terms and Conditions modifies or otherwise alters those provisions.
Any deposits made towards the Programs/Courses, are subject to a 30-day refund period from the date the deposit is made. Thereafter, your deposit will be considered forfeited.
Smartstrong reserves the right to issue refunds. These refunds are typically issued in the form of BACS transfer, or via PayPal, that must be collected in-person at the time of the event. If refunds are offered by any other means (i.e. PayPal), then you must submit your online account information by email to info@smartstrong.co.uk within seven (7) business days after the subject event for us to make payment.
In addition, from time to time, we may offer special upgrades at in person “VIP events” which are subject to a 30-day refund period. All “VIP events” purchased within 45 days of the event are nonrefundable.
Refunds are processed within approximately five (5) business days of receipt of the item(s) where possible. Unless otherwise specified, refunds will be issued in the form of a credit back to the same payment method used to make the original purchase on the Site. The time that it takes for a refund credit to appear on your account may vary based on the form of payment used.
Because we want to maintain the highest level of customer satisfaction and constantly improve our products and programs wherever possible, we may seek feedback from our customers, who have submitted a refund request, through a short telephone call to understand why the refund was requested.
15. Adaptations to the Site and Termination of Use or Access
Smartstrong reserves the right to take any of the actions listed below at any time, for any reason, and without notice: (1) modify, suspend, or terminate operation of or access to the Site or any portion thereof (2) modify or change the Site or any portion thereof, and (3) interrupt the operation of the Site or any portion thereof to perform maintenance or other changes. We do this to keep content up to date and relevant but shall notify customers of any large upgrades/changes in advance if they have made purchases within 7 days of those changes.
You further agree that Smartstrong will not be liable to you, or to any third party, for termination of your access to the Site as a result of any violation of these Terms and Conditions.
16. Enforcement and Disclosure of Information
Smartstrong further reserves the right to disclose any information about you necessary to comply with any applicable law, regulation, legal process or governmental request.
In the event Smartstrong does take any legal action against you as a result of your violation of these Terms and Conditions, Smartstrong is entitled to recover from you all reasonable legal fees and costs of such action, in addition to any other relief that may be granted.
In the event Smartstrong does not strictly enforce one or more provisions of these Terms and Conditions, such action is not a waiver of that or any other provision of these Terms and Conditions against you or any other parties. Further, such conduct does not constitute a modification of any provision of these Terms and Conditions.
16. Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
17. Security
You may access certain features or services offered on or through this Site through an account (e.g. Identify Pain Trigger Programs). It is your responsibility to maintain the confidentiality of your account information, including your username and password. Further, you are fully responsible for any and all activity that occurs through your account as a result of your failure to properly secure your confidential information. You agree to immediately advise us of any unauthorized use of your account, password, and any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Site due to the use of your account by someone else caused by your failure to properly secure your account information. Likewise, by accessing this Site you recognize that you are not entitled to use anyone else’s account and that Smartstrong is not liable for any damages caused by your improper use of another’s account.
18. Agreement
By accessing this Site, you agree to abide and be bound by these Terms and Conditions.