Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SERVICE

TERMS AND CONDITIONS

AGREEMENT

You are entering this agreement (“Agreement”) with Anatomic Functional Training Inc. (hereinafter referred to as “AFT”), who owns and operates www.anatomicfunctionaltraining.com website (hereinafter referred to as the “Website”) and makes available the services and products on it (hereinafter referred to as the “Services”). By using the Services, you agree to be bound by this Agreement and understand that the terms are legally binding. If you disagree with any of the terms of this Agreement, you must leave the Website immediately and not use any of the Services.

We may in our sole and absolute discretion amend the terms of this Agreement from time to time to ensure compliance with laws and to reflect changes in business requirements. Your continued use of the Services after the amendments means that you accept the amendments. If you do not agree with the amendments, you must discontinue using the Services.

The Services are not intended to be used by persons under eighteen (18) years of age and you hereby represent and warrant that you are eighteen (18) years of age or older.

HEALTH DISCLAIMER AND WAIVER

You are urged to consult a physician or other health care professional before beginning any physical training regimen or program provided by AFT. If you elect to engage in AFT’s programs without consulting a physician or other health care professional, you acknowledge and understand the risks inherent in such activities. AFT is not a medical organization and its employees and representatives cannot provide any medical advice, opinion, diagnosis, treatment or guarantee. Nothing contained in the Services should be construed as medical advice or diagnosis, and you understand that it is your sole responsibility to make the decision whether you are capable of using the Services. You acknowledge and fully understand that physical exercise carries the risk of injury and that you should never exceed your limits. Participation in any fitness or exercise activities could aggravate a pre-existing condition, whether known or unknown, and there may be other risks associated with your participation in fitness or exercise activities that are not known or not reasonably foreseeable at this time. The foregoing risks are especially pronounced in an online programming setting, such as the Services provided by AFT, because you will be engaging in fitness or exercise activities on your own, without real-time supervision by AFT in a facility or location over which AFT has no control of.

AFT will endeavor to provide the most effective Services to help achieve your fitness, performance, and personal goals, but it cannot guarantee that any Services, products, programs, methods, workouts, recommendations, or routines will be safe, effective or suitable for everyone. All Services are offered without warranties or guarantees of any kind, express or implied, including, but not limited to, warranties of safety or fitness for any particular purpose. To the fullest extent permitted by law, you expressly waive and release any claim for injury of any kind against AFT or any person or entity involved with AFT, including, without limitation, its employees, instructors, agents, contractors, affiliates, representatives, directors, principals and independent contractors.

PRIVACY POLICY

AFT respects your privacy and wants to make sure you understand how we treat your personal information. Please review the complete statement of our current privacy policy on our Website. 

PROPRIETARY RIGHTS AND LIMITED LICENSE

You acknowledge and agree that the Services and all related intellectual property (logos, names, designs, materials, etc.), including, without limitation, any copyrights, patents, trademarks and other related rights are owned and controlled by AFT or its affiliates, licensors, suppliers or third parties that have licensed or otherwise provided their material to AFT.

Subject to your compliance with the terms of this Agreement, and after you become validly authorized by AFT, AFT grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Website and the Services for your lawful, personal and non-commercial use only. No material may be copied, reproduced, sold, distributed, or otherwise used for any purpose without AFT’s prior written approval.

DISCLAIMER OF WARRANTIES

The Services and any material displayed on the Website are provided “AS IS” and without any guarantees, conditions or warranties as to their accuracy, either express or implied. To the fullest extent permitted by law, AFT, including, without limitation, its employees, instructors, agents, contractors, affiliates, representatives, directors, principals, advertisers and independent contractors hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including, without limitation, to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute services, arising out of or related to the use, inability to use, performance or failures of the Service, the Website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. AFT is not liable for any loss or damage caused by a denial-of-service attack, viruses, bugs, Trojan horses or any other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it or accessing content that is emailed to you. Further, AFT does not assume any responsibility for any third-party service or advertisement hyperlinked or featured on the Website. AFT does not verify or make any representations for any third-party sites, including the truthfulness, accuracy, quality, or completeness of the content. You understand and acknowledge that accessing third-party sites is entirely at your own risk.

LIMITATION OF LIABILITY

To the maximum extent permitted by law in the applicable jurisdiction, in no event shall AFT, including, without limitation, its subsidiaries, affiliates, officers, directors, employees, representatives, directors, instructors, or agents be liable for any special, compensatory, direct, indirect, incidental, consequential, or exemplary damages including but not limited to lost profits, pain and suffering, emotional distress, loss of future earnings, goodwill, lost data or confidential or other information or loss of privacy incurred as a result of your use of the Services or the Website, whether based on warranty, contract, tort, or any other legal theory. If AFT is found to be liable to you for any damage or loss which is in any way connected with your use of the Services or the Website, AFT’s liability shall not exceed US$100 (one hundred US dollars).

SERVICE CHANGES

AFT shall have the right in its absolute discretion at any time and without notice to amend, remove or modify the Services or the Website.

PROHIBITED CONDUCT

You shall not commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way obscene. You shall not hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional materials, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.

ORDERS

All orders are subject to availability and confirmation of the order price. Delivery times may vary according to availability and subject to any delays resulting from digital delays or Force Majeure for which AFT shall not be responsible. In order to contract with AFT, you must be over 18 years of age and own a valid debit or credit card issued by a bank acceptable to us. AFT retains the right to decline any order made by you.

If a contract is made with a third party (for example in case the contract has been made with a third party via linked third party website), AFT is not acting as either agent or principal and the contract is made between you and that third party and will be subject to the terms of sale of the third party.

When placing an order, you undertake that all details you provide to us are true and accurate and that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the Services.

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until the delivery of the digital content.

AFT ONLINE COACHING MEMBERSHIP

The Membership Service and Release of Liability Agreement (the “Agreement”) is between AFT and you. It is agreed between AFT and you, an online coaching membership, from AFT according to the terms on this Service Agreement.

After the initial agreement is over your contract will be automatically renewed on a month-to-month basis or annual payments and payments will continue until you cancel membership in writing via email to Support@anatomicfunctionaltraining.com with 14 days’ notice. It is further understood that auto-pays will continue to be withdrawn until you request the cessation of such debits, in writing, via email to Support@anatomicfunctionaltraining.com regardless of the duration of the membership agreement.

PRICING AND AVAILABILITY

Whilst we attempt and guarantee that all details, descriptions and prices which present on this Website are accurate, errors may occur. If we discover an error in the price of any Services which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as discarded. If you cancel and you have already paid for the Services, you will receive a full refund.

PAYMENT

You agree to pay AFT any fees for the Services you purchase or use in accordance with the pricing and payment terms presented to you for the Services. We use third party payment processors (Stripe) to bill you through a payment account linked to the Website. The processing of payments will be subject to the terms of this Agreement and the conditions and privacy policies of the applicable payment processor.

We, through our third-party provider (Stripe) will keep your detailed payment information, such as non-sensitive credit card partial numbers and expiration date, on file. We do not access this information, except through provided programmatic methods by the provider(s). You are responsible for keeping your payment details up to date by changing the details in your account settings. When your details change or are due to expire, we may obtain or receive from your payment provider updated payment details, including your card number, expiration date, and CVV (or equivalent).  This enables us to provide you access to the Services. You authorize us to continue to charge your credit card using the updated information. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your subscription until applicable changes have occurred.  You also agree that we may charge you via your payment method on file if you elect to restart your subscription.

ONLINE COURSES REFUND, TRANSFER AND CANCELLATION POLICY

You have the right to cancel an order within 14 days of confirming the order, subject to certain conditions. You do not have the right to cancel the transaction if the delivery of the digital content has been started electronically with your consent before the end of the withdrawal period and you have been notified of the absence of the right of withdrawal. In connection with the order, you accept the stated schedule for publishing the materials related to the Services for your use. You have the right to cancel the transaction before sending the first materials. In that case, the amount will be refunded in full. Once the delivery or commissioning of the materials has begun, the transaction can no longer be canceled.

LIVE EVENTS REFUND, TRANSFER AND CANCELLATION POLICY

Due to the large quantity of digital live training events, AFT does not refund digital live event registration fees (e.g., workshops, certifications, retreats, specialty events, etc.). However, we try to accommodate requests to transfer to a different event, subject to the following terms and conditions. These conditions are necessary because we plan and schedule the logistics of each event, in part, based on the total number of student registrations several months before the event takes place.

If you are a registered participant for an upcoming AFT training event, you may transfer your registration to another similar event (if space permits) at no charge, provided that the request is made at least 10 days prior to the original event’s start date. You may also transfer your registration to another person, if you prefer. All transfer requests must be sent to AFT by email. There are no exceptions to the refund and transfer policy.

We reserve the right to cancel any AFT digital live event at our exclusive discretion. If we must cancel an event, you will receive either a full refund or the option to transfer to another identical digital live event. We will make every effort to notify you of any cancellations at least 2 weeks prior to your event’s date, unless there is an unexpected disaster/collapse, which provide our event and the surrounding environment hazardous to any participants.

We also reserve the right to postpone and reschedule a digital live event if it is deemed unsafe by us or local authorities to continue with the event at the appointed time. In such case, you will be informed as soon as possible. Once it is deemed safe to reschedule the original event, we will inform you via email and your registration will be transferred to the new date. If you cannot attend the new, rescheduled date, we try to change your attendance to any comparable future event that you wish to attend, as long as that event happens within 1 year of the canceled digital live event date.

SUSPENSION AND TERMINATION

AFT shall have the right in its sole and absolute discretion, suspend, block or terminate your access to the Services for any lawful reason, including the violation of the terms of this Agreement. If your access is terminated due to your violation to this Agreement, you will not be eligible for any credit or refund.

LINKING TO THE WEBSITE

You may link to www.anatomicfunctionaltraining.com Website, provided that you do so in a way that is fair and legal and does not harm our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned or operated by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Except where expressly stated otherwise, all persons (including their names and images), third-party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with the Website and you should not rely on the existence of such a connection or affiliation. Any third-party trademarks/names featured on this Website are owned by the respective trademark owners. Where a third-party trademark or brand name is referred to, it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected the Website.

INTERNATIONAL USERS

The Services are administered by AFT from its offices in Finland, and AFT makes no representation or warranty that the materials contained in AFT’s Services are appropriate or available in every jurisdiction. When accessing AFT’s Services, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

WAIVER

No waiver by AFT of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any other provisions, condition or requirement hereof, nor shall any delay or omission of AFT to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter.

SEVERABILITY

If any provision of this Agreement or a part of thereof, shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provision or parts thereof.

INDEMNITY

You agree to indemnify, defend, and hold harmless AFT and including, without limitation, its affiliates, subsidiaries, directors, officers, subcontractors, consultants, representatives, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney's fees) arising from; (i) your use of the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any law or third party right, including, without limitation, any copyright, property, or privacy right. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate at your expense with our defense of any such claims. The indemnification obligation will survive this Agreement and your use of the Services.

SURVIVAL

The provisions of this Agreement which by their nature should survive the termination of this Agreement shall survive such termination.

FORCE MAJEURE

AFT shall not be liable for any failure or delay in performing an obligation under this Agreement when and to the extent such failure or delay is caused by or results from acts beyond AFT’s reasonable control, including, without limitation, the following events: acts of God, accident, riots, war, terrorist act, epidemic, pandemic (including the Covid-19 pandemic), quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, or generalized lack of availability of raw materials or energy.

ASSIGNMENT

Except as otherwise specified in this Agreement, this Agreement and any rights granted hereunder shall not be transferred or assigned by you. AFT shall have the right to assign this Agreement and any rights without restriction.

DISPUTE RESOLUTION

In the event of any controversy or claim arising out of or relating to this Agreement, or a breach thereof, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a satisfactory solution. If the parties do not reach settlement within a period of 60 days, then, upon notice by any party to the other, any unresolved controversy or claim shall be settled by arbitration administered by the International Centre for Dispute Resolution in accordance with the provisions of its International Arbitration Rules. All disputes shall be resolved by a single, neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. Any arbitration shall be conducted only on an individual basis and any claim shall not be arbitrated as a class action. Arbitration means that you waive your right to a judge or jury in a court proceeding.

QUESTION AND CONCERNS

If you have any questions or concerns, feel free to contact us by email at: Support@anatomicfunctionaltraining.com

 

 

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