Terms and Conditions Agreement

This Terms and Conditions Agreement (“Agreement”) is between AKC Fitness, Inc. (“Company”) and You (“Customer” or “you”) regarding a product you wish to purchase through Company.

This Agreement is a binding legal contract; please review it in full. By making a purchase of a book, audiobook, course, e-book, program, or other product (the “Product”) via this website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot purchase the Product.

If you are purchasing the Product on behalf of an organization, you warrant that you are authorized to bind that organization to legal agreements, and as such, that organization accepts this Agreement, and all the terms of this Agreement apply to that organization.

Company may amend this Agreement at any time by sending you a revised version at the email address you provide us and/or by displaying it on the Product, and you automatically become bound by the latest version of the Agreement unless you withdraw from the Product. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.

This Agreement was last modified on October 10, 2019.

The Product. You will receive the deliverables and/or services as described on the sales page of the Product as of the date of your purchase.  

Customer Duties. You must be willing to participate fully in the Product to achieve results. You understand that you must review all materials in the Product and implement them to receive any results. You understand that any abusive, negative, or inappropriate conduct with Company staff or any of the other customers is a material breach of this Agreement.

Payments. You agree to pay the fees as specified on the sales page using the online billing system via the payment method you selected upon purchase. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Product until the late payment is rectified. Company will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for payment regardless of whether you use the Product, and will not receive a refund if you choose not to use the Product, except as specified below.

14-Day Satisfaction Policy. If you do not feel you have received value from the Product, you must send an email to [support@keithcallahan.com] before midnight EST fourteen (14) calendar days after your purchase. Upon receipt of your refund request, Company will cancel your access to the Product and refund your payment via the same method as your original payment. Upon cancellation and refund, you will no longer have access to the Product. After the 14-Days Satisfaction Policy period has expired, no refunds will be granted.

Intellectual Property. Company owns the copyrights, trademarks, and other intellectual property rights over and around any materials provided in the Product under this Agreement. You are licensed to use the materials only for your own individual use. You are not allowed to reproduce, share, distribute, or sell these materials beyond the scope of this license, including posting materials on the Internet or sharing materials via social media. You are not allowed to teach the content to others. Any violation of this clause is a material breach of this Agreement.   

Term. This Agreement begins when you purchase the Product and will continue until the Agreement is terminated under this section. If either party materially breaches this Agreement, the other party may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period. If the Agreement is terminated due to Customer’s material breach, Customer will no longer have access to the Product, with no refund.  

Forum Rules. If the Product has any bonus online forum (such as a private Facebook Group), you agree to comply with the rules of the Product online forum as stated by Company at that time. Such rules may include but are not limited to: you will not use the online forum to post spam, including promotions or advertisements for other products and services; you will not use the online forum to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography; you will only post content that you own or have a license to post; you will not post content that infringes on a copyright or trademark; Company may moderate, edit, or delete posts at any time, at Company’s sole discretion; and Company may ban a Customer from the group at any time, for violating the above rules, without any refund or appeal. Any information you provide to Company and other Customers in a forum group is not confidential. However, you agree that you will respect the privacy of fellow Product Customers, and will not repost or share the information provided by a fellow Product Customer with any third party, including on the Internet or via social media.

No Guarantees or Warranties. The Product is for your education and information. Company cannot and does not guarantee that any specific results will be obtained from the Product, because your results involve factors beyond the control of Company, including your experience, status, training, and education. Company disclaims any warranties as to the availability, completeness, or accuracy of the materials. Company disclaims any warranties of fitness for a particular purpose, merchantability, or non-infringement.

Your Warranties and Indemnification. You warrant that any materials you upload to any online forum do not infringe upon the copyright, trademark, trade secret, publicity rights, or other intellectual property interests of any other person or property, and are not in violation of any laws or regulations of any applicable jurisdiction. You agree to indemnify Company against all claims and damages arising out of your breach or alleged breach of any representations, warranties, or agreements made by you under this Agreement and your participation in the Product.

Disclosure. Company is not providing legal advice, tax advice, investment advice, financial advice, mental health care, or therapy through the Product. You are responsible for seeking appropriate professional advice.

Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.

Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.

No Waiver. None of the terms of this Agreement can be waived or modified except by an express agreement in writing signed by all the parties.

Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between them with respect to the subject matter contained herein.

No Assignment or Transfer. You may not assign, sub-license, or transfer this Agreement (including your login/password information) to any other person or entity. Sharing your login information with any other person is a material breach of this Agreement.

Choice of Law. This Agreement will be governed by, and construed in accordance with, the laws of the State of Massachusetts. 

Arbitration. Any controversy or claim arising out of or relating to this contract or the breach thereof, will be settled by arbitration administered by the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be conducted by video conference or telephonic hearing, or upon consent of both parties, will be based solely on the submission of documents. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. As an alternative to Arbitration, the parties agree that either party may file a Small Claims Action in Bristol County, the State of Massachusetts (“Small Claims Option”), if the party can meet the court’s requirements.

Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.

Reporting Copyright Infringement (DMCA). Company complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at support@keithcallahan.com, containing the following information:

–    Your contact information (name, mailing address, phone number).

–    A description of the copyrighted work that you believe was infringed.

–    A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.

–    A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner or the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.

–    Your digital or physical signature.

Any questions about the Agreement can be directed to: support@keithcallahan.com

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