Please read these Terms of Service (the “Terms of Service”) fully and carefully before using our website (the “Site”) and the services, features, content, or applications offered by Simon Says LLC (“Company,” “we,” “us,” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services.
1) Acceptance of Terms.
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, our Privacy Policy) and all other operating rules, policies, and procedures that we may publish from time to time. We may update these Terms of Service at any time without notice. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions.
2) Eligibility.
You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not use the Services. We may, at our sole discretion, refuse the Services to any person or entity and change our eligibility criteria at any time. You are responsible for ensuring that these Terms of Service comply with applicable laws.
3) Registration.
To use the Services, you must register for an account (“Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) use the name of another person with the intent to impersonate that person;
(ii) use a name subject to another person’s rights without authorization; or
(iii) use an offensive, vulgar, or obscene name.
You are solely responsible for all activity on your Account and for keeping your password secure. You must notify us immediately of any unauthorized use of your Account. You may delete your Account at any time by contacting us.
4) Processing of Personal Data
Your personal data will be treated in accordance with our Privacy Policy. By using the Services, you consent to our collection and use of your personal data as outlined in that policy.
5) Nature of Our Services
Simon Says LLC provides online coaching, courses, and educational materials focused on health, fitness, and boxing training. We may use third-party payment processors (such as Stripe) to handle transactions.
6) Content.
All content provided through the Services (including user-generated content) is used at your own risk. We do not guarantee accuracy of any content. You must abide by all intellectual property notices and restrictions. You shall not use content for purposes other than those related to using the Services.
7) Rules of Conduct.
You agree not to use the Services for any purpose prohibited by these Terms of Service. You are responsible for all your activity in connection with the Services. You shall not upload or distribute any content that violates the rights of any third party, any law, or that is harmful, fraudulent, or objectionable. Violations may result in suspension or termination of access.
8) Third-Party Services.
The Services may link to third-party websites or resources. We are not responsible for these and your use is at your own risk.
9) Payments and Billing.
Certain of our Services may be paid services. We use a third-party payment processor (e.g., Stripe). By using paid Services, you agree to pay the applicable fees and authorize us or our payment processor to charge your chosen payment method. Refunds, if any, will be at our sole discretion and disclosed at the point of purchase.
10) Termination.
We reserve the right to terminate or suspend your access to the Services at any time without notice and for any reason, including but not limited to violation of these Terms, non-payment of fees, or misuse of content. Upon termination, all licenses granted to you will immediately cease.
11) Health Disclaimer.
You acknowledge that health, fitness, and boxing information provided through our Services is for informational and educational purposes only. We are not medical professionals. Before starting any exercise or nutrition program, consult a qualified healthcare provider. Your use of the Services is at your own risk and you assume all responsibility for your health and well-being.
12) Affiliate Disclosure.
We may engage in affiliate marketing and include affiliate links in our content. This means we may earn a commission if you click on or make purchases via affiliate links. We only recommend products or services that we believe may provide value. Your purchase through an affiliate link does not add additional costs to you.
13) Warranty and Other Disclaimers.
The Services are provided “as is” and “as available” without warranty of any kind. We disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
14) Indemnification.
You agree to defend, indemnify, and hold harmless Simon Says LLC, its affiliates, employees, and agents from any claims, damages, liabilities, and expenses arising from your use of the Services, violation of these Terms, or infringement of any intellectual property or other rights.
15) Arbitration Clause and Class Action Waiver.
All disputes arising out of or relating to these Terms of Service shall be resolved by binding, individual arbitration under the laws of the State of Wyoming. You waive your right to participate in a class action lawsuit or class-wide arbitration. The arbitration shall take place in Wyoming, and you consent to personal jurisdiction therein.
16) Limitation of Liability.
In no event shall we be liable for indirect, incidental, special, or consequential damages arising out of or related to your use of the Services. Our aggregate liability shall not exceed the amount you paid for the Services in the three months preceding the incident, or $500, whichever is greater.
17) Governing Law and Jurisdiction.
These Terms of Service are governed by the laws of the State of Wyoming, without regard to its conflicts of law principles. Any action not subject to arbitration shall be brought in the state or federal courts located in Wyoming, and you consent to such jurisdiction.
18) Modification.
We may modify or replace any part of these Terms of Service at any time. Your continued use of the Services after any changes constitutes acceptance of those changes.
19) Miscellaneous.
These Terms of Service, along with our Privacy Policy and any other notices, constitute the entire agreement between you and us regarding the Services. If any portion is held invalid, the remaining provisions remain in full force and effect. Failure to enforce any provision is not a waiver of future enforcement.
Contact Information: Simon Says LLC
166 Geary Street
San Francisco, CA 94108
Email: info@simonsaysko.com
Effective Date: 17/12/2024