Terms and Conditions
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LAST UPDATED: August 9th, 2020
Prior to using the Speed Code Service, it is important for you to know and understand that by visiting the Site and/or using the Service, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Speed Code service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
Please contact us with any questions regarding this Agreement.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE SPEED CODE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE SPEED CODE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 2 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
10052371 MANITOBA INC. SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY RESULTING FROM THE USE OF SPEED CODE SERVICES.
1. Who May Use the Speed Code Service
AGE REQUIREMENT: You must be at least 18 years old to use Speed Code.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of Speed Code. If your child is using Speed Code without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about Speed Code, please contact us at firstname.lastname@example.org.
2. Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE SPEED CODE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
Speed Code OFFERS EXERCISE AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON ADAMBIGHILL.COM OR AVAILABLE THROUGH ANY ATHLETIC TRUTH GROUP SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE ADAMBIGHILL.COM WEBSITE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE ATG SITE. THE USE OF ANY INFORMATION PROVIDED ON THE SITE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL 911 AND YOUR HEALTH CARE PROFESSIONAL IMMEDIATELY.
THE SPEED CODE SITE IS CONTINUALLY UNDER DEVELOPMENT AND 10052371 MANITOBA INC. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE Speed Code SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
3. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall 10052371 Manitoba Inc., nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) 10052371 Manitoba Inc.’s, and its affiliates’ total liability to you shall not exceed the amounts paid by you to 10052371 Manitoba Inc. over the twelve (12) months preceding your claim(s).
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS ANY MATERIAL THROUGH THE SERVICE OR SITE.
- What information we may collect about you;
- What we use that information for; and
- When and with whom we share that information.
CONSENT TO EMAIL: When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
5. Membership Provisions
REGISTRATION: To use Speed Code, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Speed Code and notify us if your information changes.
USER NAME: You may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
NON-COMMERCIAL USE: Use of the Site and Service is for personal use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Speed Code. If you wish to inquire about possible commercial use, please contact us at email@example.com.
10052371 Manitoba Inc. may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. . If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at firstname.lastname@example.org.
Auto billing; Subscription Fees; Free Trial Terms. Speed Code is a paid, auto-renewing subscription service. If you sign up for Online Coaching you are agreeing to automatic (recurring) billing, and agree to pay the charges made to your account in connection therewith. Your Subscription, and monthly billing of your account, will continue indefinitely until cancelled by you.
The pricing of our Services may vary periodically. We cannot guarantee that the price of your Subscription is the lowest available, or historically lowest or best, price. You will be charged in accordance with the billing terms you agreed to at the time you signed up.
HOW TO CANCEL
If you do not wish for your account to renew automatically, or if you want to change or terminate your subscription, follow the below steps:
- Email email@example.com
- In the subject line, type “cancel my subscription”
- In the email, let us know your first and last name and your billing day of each month.
Sorry– there are no refunds on Speed Code subscriptions for billing periods that have already lapsed.
Authorization. When you sign up for our Service and provide a payment method to Speed Code, you are granting your express consent and are expressly authorizing us (and our designated payment processor) to automatically charge you each month for the Service.
If you provide a payment method and our charge results in an overdraft, chargeback or other fee from your bank, you alone are responsible for that fee.
EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS SPEED CODE, YOU WILL BE RESPONSIBLE FOR ANY SUBSCRIPTION FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. To cancel, follow the instructions above (“How to Cancel”).
Changes. Speed Code may change, modify, add, remove, suspend, cancel or discontinue any aspect of it subscriptions including the functionality, content, and/or availability of any features of such subscriptions at any time in Adam’s sole discretion.
7. Term and Termination; Account Deletion
TERM: This Agreement begins on the date you first use Speed Code and continues as long as you have an account with us.
CANCELING YOUR SUBSCRIPTION: To cancel your subscription, you will need to email firstname.lastname@example.org
ACCOUNT DELETION: You may delete your account at any time. We reserve the right, but are under no obligation to, to delete an account from adambighill.com that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases.
TERMINATION FOR BREACH: Speed Code may suspend, disable, or delete your account (or any part thereof) or block or remove any content you submitted if Speed Code determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage Speed Code’s reputation or goodwill. If Speed Code deletes your account for the foregoing reasons, you may not re-register for the Speed Code. Speed Code may block your email address and Internet protocol address to prevent further registration. Speed Code is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
8. Content Restrictions
You may not upload, post, or transmit (collectively, “submit”) any video, image, text, audio recording, or other work (collectively, “content”) that:
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted);
- Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
- Advocates harassment or intimidation of another person;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- Depicts animal cruelty or extreme violence towards animals; or
- Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
You agree to indemnify, defend, and hold harmless 10052371 Manitoba Inc. and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Speed Code Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to 10052371 Manitoba Inc. violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. 10052371 Manitoba Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with 10052371 Manitoba Inc. in connection therewith.
10. License to Use the Speed Code Service
LICENSE: 10052371 Manitoba Inc. and Adam Bighill grants you a limited, non-exclusive license to access and use the Speed Code Service for your own personal, non-commercial purposes. This includes the right to view content available on adambighill.com. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Adam in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Speed Code Service. Nor will you take any measures to interfere with or damage the Speed Code Service. All rights not expressly granted by 10052371 Manitoba Inc. are reserved.
ARBITRATION AND GOVERNING LAW:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by the Arbitration Act of Manitoba. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against 10052371 Manitoba Inc. in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against 10052371 Manitoba Inc., Speed Code or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and 10052371 Manitoba Inc. or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against 10052371 Manitoba Inc. (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Winnipeg, Manitoba. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and 10052371 Manitoba Inc., shall be governed by the laws of the province of Manitoba without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by 10052371 Manitoba Inc. in exercising any right hereunder will waive any further exercise of that right. Athletic Truth Group’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without 10052371 Manitoba Inc.’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Speed Code electronically. 10052371 Manitoba Inc. may provide all such communications by email or by posting them on the Speed Code Service. For support-related inquiries, you may send an email to email@example.com or the following address:
10052371 Manitoba Inc. 43 Deer Ridge Bay, Manitoba, Winnipeg, R3Y0M3
Nothing herein shall limit 10052371 Manitoba Inc.’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by 10052371 Manitoba Inc. on the adambighill.com Site. A revised Terms of Service will be effective as of the date it is posted on the Speed Code Site.
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