Terms of Use
Intro to Training
Terms of Use
INTRO TO TRAINING
Please read the Terms of Use for the course carefully and in their entirety before purchasing and using Intro To Training (hereinafter referred to as the “Course”). The course and its content are owned by Sean Desjardins + Sean Desjardins Coaching Solutions Inc.
Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Sean Desjardins + Sean Desjardins Coaching Solutions Inc.
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the course.
“Course” means Intro To Team Training.
“You” “User” or “Your” means the purchaser and person using the course.
2. Consent:
By participating in the course, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the course, you understand that Sean Desjardins is a personal trainer and strength and conditioning coach. We are not medical doctors, psychologists/psychiatrists, or other licensed medical professionals. You are expected to discuss any changes to your health, diet, or exercise regimen with your physician or another medical professional first before trying them.
This course is for informational and educational purposes only. The information and education provided in this course is not intended or implied to supplement or replace professional medical treatment, advice, and/or diagnosis.
Although we do our best to make sure all of the course’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for the accuracy of the course’s information or its safety or efficacy as it applies to you. You should review any and all changes to your diet, lifestyle, exercise regimen, or supplement routine with your medical professional.
4. Intellectual Property Ownership:
The course and its content, including all downloadable content are intellectual property owned by Sean Desjardins + Sean Desjardins Coaching Solutions Inc. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
5. No Sharing:
You cannot distribute, copy, forward, and/or share the course or its content with anyone else without written consent from Sean Desjardins or representatives of Sean Desjardins Coaching Solutions Inc. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
6. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and THEIR circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
7. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the course in any way. The course is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the course.
8. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Sean Desjardins Coaching Solutions Inc. expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the course, its materials, our website, or any other information obtained by you from us. By enrolling in the course, you hereby agree to this limitation of liability and release Sean Desjardins Coaching Solutions Inc. from any and all claims.
By participating in and/or purchasing the course, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Sean Desjardins Coaching Solutions Inc., our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the course and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the course, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Sean Desjardins Coaching Solutions Inc. as stated in this section herein.
9. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the online and downloadable nature of the course, refunds will not be issued for the course once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Sean Desjardins at info@seandesjardins.ca.
10. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the course, please contact us directly first by emailing Sean Desjardins at info@seandesjardins.ca.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Sean Desjardins + Sean Desjardins Coaching Solutions Inc. shall submit your dispute to binding arbitration with the Canadian Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the Canadian Arbitration Association’s (“CAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 kilometres of Kingston, Ontario, Canada, FROM WHICH ARBITRATION HEARING WILL BE HELD.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the province of Ontario. The only award that can be issued to you is a refund of any payment made to Sean Desjardins Coaching Solutions Inc. for the applicable course. You are not permitted to seek additional damages, including consequential or punitive damages.
11. Limitation of Liability:
Sean Desjardins + Sean Desjardins Coaching Solutions Inc. are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the course. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the course or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
12. PAYMENT AND PURCHASE TERMS
General Payment Terms:
When you pay for the course by credit card, you authorize and give permission to Sean Desjardins Coaching Solutions Inc. to charge your credit or debit card for the amount owed for payment of the course. When you purchase the course, your information (i.e. credit card and contact info) may be collected by the third-party merchant Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Sean Desjardins Coaching Solutions Inc. is not responsible for the merchant’s independent policies or practices.
13. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
14. Entire Agreement
These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
15. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the province of Ontario. Any action brought by any party arising out of or from these Terms shall be brought within the Ontario, County of Frontenac.
By purchasing and/or participating in the course, you implicitly signify your agreement to all of the terms in these Terms of Use.
If you have any questions about the Terms of Use, please contact Sean Desjardins at info@seandesjardins.ca. Thank you.
Updated on September 22, 2022