SUBSCRIPTION AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE AND YOUR MEMBERSHIP TO IT.
By using Sixpacknow.com as a
paying subscriber you agree to the terms and conditions set
forth in this Subscription Agreement (this "Agreement"). We
reserve the right, in our sole discretion, to change, modify,
add or remove provisions of this Agreement at any time. You
should check this Agreement periodically for changes. By using
Sixpacknow.com after we post any changes to this Agreement or
otherwise notify you of such changes, you agree to accept those
changes, whether or not you have reviewed them. If you do not
agree to this Agreement, you should not use our Website and you
should arrange to cancel your registered user account or
subscription with us, as applicable.
1. Cancellation Policy
You have 30 days to test drive the SixPackNow System and may terminate your subscription within 30 days of joining. If
done so within 30 days you are entitled to a refund of the full
fee you paid. Any requests for refunds after the 30 Day period
will be void. No refunds will be provided if a Personalized Diet
& Training Plan has been requested and honoured. This would be
at the sole discretion of Sixpacknow.com
You can cancel your subscription by contacting Customer Service at
subscriptions@sixpacknow.com or
by such other means as we may provide from time to time.
2.
Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use
of the websites which are owned or operated by Sixpacknow.com,
including, without limitation, this website and any other
website that we may own or operate currently or in the future
(collectively, our "Website").
3. Your Use of this Website and Our Fee-Based Products
Unless otherwise specified, we grant you a non-exclusive,
non-transferable, limited right to access, use and display this
Website and the material provided hereon, and the Fee-Based
Products that you subscribed to, for your personal,
non-commercial use, provided that you comply fully with the
provisions of this Agreement. You agree not to assign, transfer
or sublicense your rights as a registered user of, or subscriber
to, this Website and/or our Fee-Based Products. You understand
that only you may use your user account and password, and that
your subscription to our Website is only valid for your
personal, non-commercial use and may not be shared with others.
You agree to be financially responsible for all usage or
activity of Fee-Based Products subscribed to by you.
By using this Website and/or our Fee-Based Products, you agree
to be legally bound and to abide by this Agreement, just as if
you had signed this Agreement. If you do not comply with this
Agreement at any time, we reserve the right to cancel or
terminate your password, user account, and/or access to this
Website (or any part thereof) and/or our Fee-Based Products.
From time to time, we may supplement this Agreement with
additional terms and conditions pertaining to specific content,
activities or events ("Additional Terms"). Such Additional Terms
may be placed on the Website to be viewed in connection with the
specific content, activities, features or events and shall be
identified as such. You understand and agree that such
Additional Terms are hereby incorporated by reference into this
Agreement.
4. Charges and Fees for Subscriptions
Certain portions, components, content and features of this
Website are only available to individuals who purchase a
subscription to Sixpacknow.com. As a subscriber to one of our
Fee-Based Products, you agree as follows:
A. You agree to pay, using a valid credit card (or other form of
payment), the fixed charge set forth on this Website. Only one
Personalized Plan will be designed per membership. For
additional Personalized Plans members are asked to pay an
additional subscription price.
B. For purposes of your use of our Fee-Based Products including
identification and billing, you agree to provide us with true,
accurate and complete information as required by the
subscription or sign up process to our Fee-Based Products
("Subscription Data"), including your legal name, address,
telephone number, email address and applicable billing
information (e.g., credit card number and expiration date)..
C. You are entirely responsible for maintaining the
confidentiality of your password and user account information.
You must notify us immediately in the event of any known or
suspected unauthorized use of your user account, or any known or
suspected breach of security, including loss, theft, or
unauthorized disclosure of your or anyone else's password or
credit card information.
5. Privacy and Security
We are committed to protecting your privacy and security.
Sixpacknow.com does not pass on your details or personal
information to any third party.
6. Health Disclaimer
This Website and our Fee-Based Products provide fitness
management and information applications and content published
over the Internet and are intended only to assist users in their
personal fat loss/physique enhancing efforts. Sixpacknow.com is
not a medical organization and our staff cannot give you medical
advice or diagnosis. Nothing contained in this Website should be
construed as such advice or diagnosis. The information and
reports generated by us should not be interpreted as a
substitute for physician consultation, evaluation, or treatment.
You
are urged and advised to seek the advice of a physician before
beginning any weight loss/fat loss/muscle development effort or
regimen. This Website is intended for use only by healthy adult
individuals. The Website is not intended for use by minors,
pregnant women, or individuals with any type of health
condition. Such individuals are specifically warned to seek
professional medical advice prior to initiating any form of
weight loss effort or regimen.
7. Parental or Guardian Permission
Some of the Content on this Website may not be appropriate for
children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE
THIS WEBSITE. We strongly recommend that children between the
ages of 13 and 16 ask for their parent's or guardian's
permission before viewing our Website. INDIVIDUALS UNDER THE AGE
OF 16 ARE NOT PERMITTED TO SUBSCRIBE TO OUR FEE-BASED PRODUCTS.
8. Links
This Agreement applies only to this Website, and not to the
websites of any other person or entity. We may provide, or third
parties may provide, links to other worldwide websites or
resources. You acknowledge and agree that we are not responsible
for the availability of such external sites or resources, and do
not endorse (and are not responsible or liable for) any content,
advertising, products, or other materials on or available from
such websites or resources. You further acknowledge and agree
that, under no circumstances, will we be held responsible or
liable, directly or indirectly, for any loss or damage that is
caused or alleged to have been caused to you in connection with
your use of, or reliance on, any content, advertisements,
products or other resources available on any other website
(regardless of whether we directly or indirectly link to such
content, advertisements, products or other resources). You
should direct any concerns with respect to any other website to
that website's administrator or webmaster.
9. Third Party Products and Services
You may order services, merchandise or other products through our
Website from other parties (collectively, the "Third Party
Sellers"). All matters concerning the services, merchandise and
other products desired from the Third Party Sellers, including,
but not limited to, purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between you and
the Third Party Sellers. We make no warranties or
representations whatsoever with regard to any services,
merchandise and other products provided by the Third Party
Sellers. You will not consider us (and we will not be construed
as) a party to such transactions, whether or not we may have
received some form of revenue or other remuneration in
connection with such transactions, and we will not be liable for
any costs or damages arising out of, either directly or
indirectly, you or any other person involved or related to the
transactions.
10. Copyright Complaints
We respect the intellectual property of others, and we ask our
users to do the same. We may, in appropriate circumstances and
in our sole discretion, terminate the rights of any user to use
our Website (or any part thereof) who infringe the intellectual
property rights of others. If you believe that your work has
been copied in a way that constitutes copyright infringement or
are aware of someone doing so, please contact: SIXPACKNOW.COM,
PO BOX 191, Schererville, Indiana 46375,
USA
11a. Our Registered Copyright
The site content of Sixpacknow.com and Personalized Diet Plans are
registered with the Copyright Office and MUST NOT be reproduced
or plagiarised in any way, shape or form. Any material from our
website or Personalized Plans must not be re-distributed without
the consent of the author (Sixpacknow.com). We have commissioned
a private company to regularly search the internet and for
copyright violators. Do NOT be tempted to copy material as
offenders will be found and prosecuted under US or UK law.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to
any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to your use of this
Website (including, without limitation, the Fee-Based Products)
or this Agreement shall be filed only in the state or federal
courts located in Los Angeles County in the State of California
and you hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action.
Last Modified October 2011