disclaimer
1. Introduction: Welcome to The Grind Performance Coaching Community & Team ("The Grind Performance"). The Grind Performance is dedicated to providing support and guidance through our online community, platform and membership services aimed at enhancing personal and professional growth through coaching, training, and various resources. By accessing and using The Grind Performance's services, you agree to be bound by the following Terms of Use Agreement ("Agreement"). Please read this Agreement carefully before using our platform.
2. Definitions:
"The Grind Performance": Refers to The Grind Performance Coaching, Community, Programs & Membership, its coaches, staff, brand and affiliates.
"Member": Any individual who has registered and maintains an active membership with The Grind Performance.
"Program": Any coaching, training, blueprint, educational materials, or resources offered by The Grind Performance to its Members.
3. Assumption of Risk and Liability Limitation:
3.1 Assumption of Risk: The Member acknowledges and understands that participating in coaching, training, and any Other activities offered by The Grind Performance may involve inherent risks, including but Not limited to physical, mental, and emotional risks. As such, the Member and client agree that The Grind Performance and our coaches are NOT and WILL NOT be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by The Grind Performance. Member understands that coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure or treat any mental disorder or medical disease. Member acknowledges that coaching does not involve the diagnosis or treatment of mental disorders and or mental health issues. Coaching is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment or other professional advice by legal, medical or other qualified professionals and that is the Members exclusive responsibility to seek such independent professional guidance as needed. The Member voluntarily assumes all such risks and agrees that The Grind Performance shall not be liable for any injury, harm, or damages resulting from the Member's participation in any Program. Please understand that results are not typical. We’re not implying you’ll duplicate them (or do anything for that matter). The average person who buys “how to” information gets little to no results. Your results will vary and depend on many factors including but not limited to your background, experience, and work ethic. Massive, consistent effort and action must be taken to succeed. If you’re not willing to accept that, please DO NOT PURCHASE THE GRIND PERFORMANCE COACHING PROGRAMS & MEMBERSHIPS
3.2 Release of Liability: To the fullest extent permitted by law, the Member hereby releases, discharges, and holds harmless The Grind Performance, its coaches, staff, and affiliates from any and all claims, demands, causes of action, losses, damages, or liabilities of any kind arising from or related To the Member's participation in any Program, including but not limited to injuries, illnesses, emotional distress, property damage or death.
4. Disclaimer of Warranties: The Grind Performance makes no warranties or representations about the accuracy, Completeness, or effectiveness of the information, coaching, or resources provided through its Programs. All content and services are provided on an "as-is" and "as-available" basis. The Grind Performance disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
5. Use of Platform, App, Community & Services
5.1 License: The Grind Performance grants you a limited, non-exclusive, non-transferable revocable license to access and use the platform, app, community and services for your personal, non-commercial use.
5.2 Prohibited Activities: You may not use the community, platform or services for any illegal or unauthorized purpose. You may not interfere or disrupt the platform, app, community or services or any servers or networks connected to the platform, app, community or services, or disobey any requirements, procedures, policies or regulations of networks connected to the platform, app, community or services.
6. Confidentiality and Privacy: The Grind Performance respects the privacy and confidentiality of its Members. Any personal information provided by Members will be treated in accordance with The Grind Performance’s Privacy Policy. However, Members understand and agree that The Grind Performance cannot guarantee the security of information transmitted over the internet and that the use of the platform is at their own risk.
7. Intellectual Property: All content, materials, and resources provided by The Grind Performance, including but not limited to text, graphics, logos, images, audio clips, videos and software, are the intellectual property of The Grind Performance and are protected by copyright, trademark, and other intellectual property laws. Members agree not to reproduce, distribute, modify, or create derivative works based on any content or materials from The Grind Performance without prior written consent.
8. Privacy Policy:
8.1 Information Collection: The Grind Performance may collect personal information from you, such as your name, email address, phone number, payment information and other similar information while using the platform, app, community and services. When you create an account, we collect login credentials, account preferences and profile information.
8.2 Information Use: The Grind Performance will use the information we collect for the following purposes:
a. To provide and improve the Programs & Service: We use your personal information to provide, maintain and improve our Service, as well as to develop new features and functionalities.
b. Communication: We may use your contact information to send you Program-related announcements, updates and notifications. You can opt-out of non-essential communications at any time.
c. Personalization: We may use your information to personalize your experience and content within the Programs, such as tailoring recommendations.
d. Payment: We use your information to complete payments and transactions specific to the related Program & Service required or purchased.
9. Termination of Membership: The Grind Performance reserves the right to terminate a Member's access to its services at any time for any reason, including but not limited to violation of this Agreement, abuse of the platform, or any behavior deemed inappropriate by The Grind Performance.
10. Indemnification: The Member agrees to indemnify, defend, and hold harmless The Grind Performance, its coaches, staff, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to the Member's use of The Grind Performance’s services, violation of this Agreement, or infringement of any third-party rights.
11. Payment and Billing:
11.1 Membership Fees: Membership fees for The Grind Performance's services will be specified on the platform and may vary depending on the type of membership and payment plan chosen by the Member. By becoming a Member, you agree to pay the applicable fees as outlined on the platform and agreement.
11.2 Automatic Renewal: Unless otherwise specified, memberships will automatically renew on a monthly/ annual basis, depending on the selected payment plan. You authorize The Grind Performance to charge your chosen payment method for the applicable fees on a recurring basis until you cancel your membership.
11.3 Cancellation and Refunds: Members may cancel their membership at any time through the platform. The Grind Performance has a strict 14-Day Money Back Guarantee & Refund Policy. Please note that cancellation after the initial 14-Day period will not result in a refund for any unused portion of the membership fees already paid. Refunds may be considered under certain circumstances at The Grind Performance's sole discretion.
12. Code of Conduct: The Grind Performance expects all Members to adhere to a respectful and professional code of conduct while using the platform, app, community and participating in any Program. Members agree not to engage in any behavior that is unlawful, harmful, abusive, harassing, defamatory, or otherwise objectionable. The Grind Performance reserves the right to take appropriate action, including termination of membership, for violations of the code of conduct.
13. Limitation of Liability: To the maximum extent permitted by law, The Grind Performance, its coaches, staff, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, physical harm, mental harm, emotional harm or other intangible losses arising from or related to the use of The Grind Performance's services or participation in any Program.
14. Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [Canada]. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in [Canada].
15. Modifications to the Agreement: The Grind Performance reserves the right to modify or update this Agreement from time to time. Any changes will be posted on The Grind Performance’s platform, app, community and it is the Member's responsibility to review the Agreement periodically. Continued use of The Grind Performance's services after the modifications constitutes acceptance of the revised Agreement. By using The Grind Performance's platform, app, community and services, you acknowledge that you have read, understood, and agreed to the terms and conditions of this Agreement. If you do not agree to any part of this Agreement, please refrain from using The Grind Performance's services. If you have any questions or concerns about this Agreement, please contact us at support@thegrindperformance.com
Last Updated: March 24th, 2024