Terms & Conditions
YOUR RELATIONSHIP WITH SAM SAYS
These Terms and Conditions of Use (the “Terms”) govern your access and use of all mobile applications, websites, content, products, and services (the “Services”) made available by Sam Says Personal Training, a sole trader (“Sam Says”). Our Services can be facilitated through Sam Says’s internet website. The terms “we”, “us”, and “our” refer to Sam Says. The terms “you” and “your” refer to you as a member.
We want each visitor to our Site to have a safe, pleasurable visit, so we have established the following terms and conditions so that we (and you) know what to expect from each other. Please read these Terms and Conditions carefully before using our Site. By using our Site, you are agreeing to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this Site.
As stated, your access to and use of the Services establishes a contractual relationship between you and Sam Says as such access and use constitutes your acceptance of Sam Says’s offer to provide you with the Services subject to your agreement to be bound by these Terms. If you do not agree to accept these Terms in any respect whatsoever, you may not access or use Sam Says’s Services. These Terms expressly supersede any and all prior agreements or arrangements between you and Hypertrophy Coach. Hypertrophy Coach may immediately suspend or terminate these Terms or any Services with respect to you, or may generally cease offering or deny access to the Services or any portion thereof, at any time and for any reason at Sam Says’s sole discretion.
You hereby agree and acknowledge that Sam Says may amend these Terms and Conditions at any time and from time to time. Amendments will be immediately effective upon Sam Says’s posting of such amended terms on our Site. We encourage you to review this Site and these terms periodically for any updates or changes. Your continued access or use of this Site shall be deemed your notification and acceptance of such changes.
OUR SITE DOES NOT PROVIDE MEDICAL ADVICE
The contents of this Site, such as text, graphics, images, videos, information obtained from Sam Says licensors, and other material contained on this Site (collectively, the “Content”) are for informational purposes only.
The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on our Site. Again, we are not medical professionals and anything on our Site or Services we provide should be cleared with your physician prior to use.
If you think you may have a medical emergency, call your doctor or 999 immediately. Sam Says does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Site. Reliance on any information provided by Sam Says, Sam Says employees, others appearing on this Site at the invitation of Sam Says, or other visitors to this Site is solely at your own risk.
YOUR LICENSE TO USE SAM SAYS’ SERVICES
Subject to your continued compliance with these Terms, Sam Says hereby grants to you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, non-transferrable license to: (1) use and access the Sites on your personal device solely in connection with your use of the Services; and (2) use and access any content, information and related materials that may be made available to you through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Sam Says.
Importantly, any and all rights granted to you are limited to you and such rights are personal to you and are not transferable or assignable by you to anyone else. Sam Says may immediately suspend or terminate your membership at any time and for any reason at its sole discretion.
RESTRICTIONS ON YOUR ACCESS AND USE
You may not: (1) remove any copyright, trademark or other notices from any portion of the Services; (2) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except with the prior express written consent of Hypertrophy Coach; (3) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (4) link to, mirror or frame any portion of the Services; (5) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or in any way unduly burdening or hindering the operation or functionality of any aspect of the Services; or (6) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
The Services and all rights therein are and shall at all times remain the property of Sam Says and your use of the Services shall not convey or grant to you any rights: (1) in or to the Services or Site other than the limited license expressly granted above; or (2) to use or reference in any manner Sam Says’s company names, logos, product and service names, trademarks or services marks or those of Sam Says’s affiliates or licensors.
YOUR NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Site and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Site from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Site and any updates thereto. Sam Says does not guarantee that the Services and Site, or any portion thereof, will function on any particular hardware or device. In addition, the Services and Site may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
YOUR PAYMENT TO SAM SAYS
You understand that your membership with us contemplates a recurring pre-paid monthly or yearly charge (the “Membership Fee”). The Membership Fees paid by you are final and non-refundable, unless otherwise determined by Sam Says. You agree to pay all recurring Membership Fees when due.
ALL MEMBERSHIPS ARE CHARGED ON A SUBSCRIPTION BASIS WHERE YOU WILL BE AUTOMATICALLY CHARGED PER MONTH OR PER YEAR, FOR SUCCEEDING TERMS, TO ACCESS THE RESTRICTED CONTENT AREA, UNTIL CANCELLATION. YEARLY MEMBERSHIP SUBSCRIBERS WILL BE NOTIFIED NO LESS THAN 30 DAYS PRIOR TO THE RENEWAL OF THEIR MEMBERSHIPS.
Upon cancellation, access to our Site will cease immediately. Please note that the yearly membership option is not eligible for refunds, and cannot be changed to a monthly membership, once payment has been processed. In the event that Sam Says is unable to collect payment from you, your membership will automatically be terminated. Sam Says reserves the right to change any fees at any time and from time to time; provided, however, that Sam Says will provide you with reasonable notice prior to making any fee changes to existing memberships.
Accordingly, you authorize Sam Says to charge your valid and current credit or debit card in advance for the monthly or yearly Membership Fees. Further, you acknowledge that it is your responsibility to notify Sam Says of any changes to your credit card and to update your credit card information if your credit card has expired, or your membership may be terminated or interrupted.
Sam Says may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Site, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you.
If you have questions about the billing policy of this program, please contact:
YOU ARE FREE TO CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING ME DIRECTLY AS MEMBERSHIP CANNOT BE CANCELLED BY THE SITE MEMBER.
PLEASE NOTE THAT YOU MUST CANCEL NO LATER THAN 48 HOURS BEFORE YOUR NEXT PAYMENT IS DUE OR YOU WILL BE CHARGED FOR THE FOLLOWING MONTH. NO PARTIAL CREDIT OR REFUND WILL BE GIVEN IN RESPECT OF THE MEMBERSHIP PERIOD IN WHICH YOU CANCEL YOUR MEMBERSHIP.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE SERVICES AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAM SAYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, SAM SAYS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SAM SAYS DOES NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES AND SITE, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
SAM SAYS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY/WRONGFUL DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES AND SITE, EVEN IF SAM SAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAM SAYS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (1) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (2) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND SAM SAYS, EVEN IF SAM SAYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SAM SAYS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SAM SAYS’S REASONABLE CONTROL, INCLUDING LACK OF AVAILABILITY OF READY, WILLING AND ABLE SAM SAYS COACHING.
THE LIMITATIONS AND DISCLAIMER IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Sam Says and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (1) your use of the Services or services or goods obtained through your use of the Site; (2) your breach or violation of any of these Terms and Conditions; (3) your violation of the rights of any third party, including Hypertrophy Coach; or (4) any injuries, illnesses, or health complications arising from the your participation in the Services.
There are no warranties either express or implied other than those expressly contained herein. Results with our programming may vary. Exercise and proper diet are necessary to achieve and maintain weight loss. Consult your healthcare professional before beginning any diet or fitness regimen and please refer to your healthcare professional with any medical related questions that may arise while training with our Services.
You acknowledge and agree that results will differ for members based upon various factors including without limitation; body type, nutrition, etc., and no guarantees of results are possible. You expressly acknowledge and agree that there are no assurances, warranties, or guaranties in the accomplishment of any results. We will not be held responsible for failure to accomplish same and you agree to hold us harmless and indemnify us from any claims that may be made against Sam Says based in whole or in part on the failure of any results.
CLAIMS OF COPYRIGHT INFRINGEMENT
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted herein or by the fair use privilege under the United Kingdom copyright laws, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Sam Says. All rights not expressly granted herein are reserved to Sam Says. If you violate any of these terms, your permission to use the Content will automatically terminate and you must immediately destroy any copies you have of any portion of the Content.
This Site contains functionality (including message boards, postings, etc.) that allows users to upload content (the “User Content”) to this Site (collectively “Public Areas”). You agree that you will not upload or transmit any communications or content of any type to the Public Areas (or through the e-mail address(es) provided by us) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
Sam Says cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using this Site. If you submit any business information, idea, concept or invention to Sam Says by e-mail: (a) you agree that such submission is non-confidential for all purposes; (b) you automatically grant – or warrant that the owner of such content or intellectual property has expressly granted –Sam Says a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed; (c) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted; (d) appoint Sam Says as your agent with full power to enter into any document and/or do any act Hypertrophy Coach may consider appropriate to confirm the grant and assignment; (e) warrant that you are the owner of the User Content and entity to enter into these Terms and Conditions; and (f) warrant that no such User Content will be subject to any obligation to you or any other person and that Hypertrophy Coach shall not be liable for any use or disclosure of such User Content.
Sam Says may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to Sam Says by e-mail.
SAM SAYS COMMUNITY AND PUBLIC AREAS
If you use a Public Area, such as message boards, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. You may not defame, libel or slander another person. Any verbiage that may be possibly construed to be defaming, libel or slanderous, at the sole discretion of our staff, will be removed from the Public Areas.
Sam Says and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions: (1) Using a Public Area for any purpose in violation of local, state, national, or international laws; (2) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others; (3) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity (as determined by Sam Says in its sole discretion); (4) Posting advertisements or solicitations of business; (5) After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form); (6) Posting chain letters or pyramid schemes; (7) Impersonating another person or allowing any other person or entity to use your identification for posting or viewing comments; (8) Posting any message that contains any personal information, such as messages that identify phone numbers, social security numbers, account numbers, addresses or employer references; (9) Distributing viruses or other harmful computer code; (10) Harvesting, scraping or otherwise collecting information about others, including e-mail addresses, without their identification for posting or viewing comments; (11) Accessing this Site by any means other than through the interface provided by us for use in accessing this Site; (12) Posting the same note more than once or “spamming”; or (13) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or this Site, or which, in the judgment of Sam Says, exposes Sam Says or any of its customers or suppliers to any liability or detriment of any type.
Sam Says reserves the right (but is not obligated) to do any or all of the following: (1) Monitor areas of this Site, including any messaging boards; (2) Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s); (3) Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions; (4) Terminate a user’s access to any or all Public Areas and/or this Site upon any breach of these Terms and Conditions, including deactivation or deletion of your account and all related information and files in your account, and preclusion of any further access to such files or this Site, without prior notice; (5) Monitor, edit, or disclose any communication in the Public Areas; (6) Edit or delete any communication(s) posted on this Site, regardless of whether such communication(s) violate these standards.
IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING, WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR RELATES TO THESE TERMS, ANY AND ALL TRANSACTIONS CONTEMPLATED HEREUNDER, THE PERFORMANCE OF THIS AGREEMENT, OR THE RELATIONSHIP CREATED HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT HE MAY HAVE TO A TRIAL BY JURY. ANY PARTY MAY FILE AN ORIGINAL COUNTERPART OR A COPY OF THIS AGREEMENT WITH ANY COURT, AS WRITTEN EVIDENCE OF THE CONSENT OF THE PARTIES HERETO OF THE WAIVER OF THEIR RIGHT TO TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.
We take all reasonable steps to ensure that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore, we will not be liable if our Site is unavailable at any time.
Support can be reached via we aim to respond within 24 hours via email to any request.
TO SUM IT ALL UP
PLEASE use common sense when doing ANYTHING mentioned in our Site. Exercise by nature is dangerous. If you get hurt, we won’t be held responsible, but we will surely be sad. We never EVER want to see or hear of anyone getting hurt!
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ALL RELATED POLICIES REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT YOU AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED ALL ASPECTS OF THIS AGREEMENT AND THE DESIRABILITY OF ENTERING INTO THE TRANSACTIONS CONTEMPLATED IN THIS AGREEMENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT.