Please read these Terms and Conditions ( Terms, Terms and Conditions) carefully before using the
Advanced Coach Mentoring Website (the "Service") operated by Advanced High
Performance (AHP) ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of
and compliance with these Terms. These Terms apply to all visitors, users
and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If
you disagree with any part of the terms then you may not access the
Service.
Accounts
By agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorised purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes
a breach of the Terms, which may result in immediate termination of your
account on our Service.
You are responsible for safeguarding the password that you use to access
the Service and for any activities or actions under your password, whether
your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify
us immediately upon becoming aware of any breach of security or
unauthorized use of your account.
General conditions
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, share, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without
express written permission by us.
Failing to abide by these conditions will result in cancellation of services without a refund.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
Changes to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by AHP.
AHP has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services.
You further acknowledge and agree that AHP shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy
policies of any third-party web sites or services that you visit.
Products or services (if applicable)
Certain products or services may be available exclusively online through
the website.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services
that we offer. All descriptions of products or product pricing are subject
to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for
any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order.
These restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same billing
and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to
notify you by contacting the e-mail and/or billing address/phone number
provided at the time the order was made. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
Termination
We may terminate or suspend access to our Service immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
We may terminate or suspend your account immediately, without prior notice
or liability, for any reason whatsoever, including without limitation if
you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If
you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive
termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, ‘comments’), you agree
that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation:
(a) to maintain any comments in confidence;
(b) to pay compensation for any comments; or
(c) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libellous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libellous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the
operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than
yourself, or otherwise mislead us or third-parties as to the origin of any
comments.
You are solely responsible for any comments you make and their accuracy. We
take no responsibility and assume no liability for any comments posted by
you or any third-party.
Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you
have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has
been modified or updated.
Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will
be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided ‘as
is’ and ‘as available’ for your use, without any representation, warranties
or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement.
In no case shall AHP, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be
liable for any injury, loss, claim, or any direct, indirect, incidental,
punitive, special, or consequential damages of any kind, including, without
limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or
for any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of the use
of the service or any content (or product) posted, transmitted, or
otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless AHP and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the documents they incorporate
by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
Victoria, Australia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is
held to be invalid or unenforceable by a court, the remaining provisions of
these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our
Service, and supersede and replace any prior agreements we might have
between us regarding the Service.
Entire agreement
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not
be construed against the drafting party.
Changes
We reserve the right, at our sole discretion, to modify or replace these
Terms at any time. If a revision is material we will try to provide at
least 30 days notice prior to any new terms taking effect. What constitutes
a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree
to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.