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Please read the following terms and conditions carefully before using the services
of Smart Coaching, Inc. If you do not agree to these terms and conditions, you may
not access or use the coaching services of this site.
I am 18 years of age or older. I know that athletic training and racing are potentially
hazardous activities. I should not pursue any physical fitness program unless I
am medically able. Accordingly, I understand that Smart Coaching, Inc. has encouraged
me to seek the advice of a medical doctor before beginning any program described
here. I assume all risks associated using the program prescribed on this web site
by Smart Coaching, Inc. including, but not limited to: personal injury, illness,
or death. I shall not hold Smart Coaching, Inc. liable for any loss or risk, personal
or otherwise, which I incur, directly or indirectly, in connection with the use
of this web site, even though that liability may arise out of negligence or carelessness
on the part of Smart Coaching, Inc. This release from liability includes, but is
not limited to, the training methods and dietary information provided by Smart Coaching,
Inc. and to the general guidance of a third party whose link or services are provided
by this site.
I understand that Smart Coaching, Inc. shall use my personal information solely to
provide me with coaching services or to inform me of products and services related
to Smart Coaching, Inc. Neither Smart Coaching, Inc. nor its agents will provide
my personal information to others for marketing or any other purposes.
I agree to honor all copyright, trademark, and service mark rights to the content
of the Smart Coaching, Inc. web site. I understand that I shall not reproduce, display
or distribute any of the Smart Coaching, Inc. web site content without the express
permission of Smart Coaching, Inc. I know that Smart Coaching, Inc. provides links
to information provided by other entities for which it makes no representations
or warranties. I agree that I will use these links at my own risk.
I agree that any and all disputes arising from or related to my use of this web site
or to its terms and conditions must be settled exclusively by binding arbitration
in Boulder, Colorado, USA. in accordance with the Commercial Arbitration Rules of
the American Arbitration Association. The arbitration shall be based on the substantive
laws of the State of Colorado. To the extent permitted by the Colorado Uniform Arbitration
Act or the Federal Arbitration Act, whichever is applicable, the arbitrator shall
order that disclosures shall be made and discovery shall be permitted in a manner
generally comparable to that prescribed by the Federal Rules of Civil Procedure,
and the Federal Rules of Evidence shall apply. Judgment entered upon the award by
the arbitrator may be entered in any court having jurisdiction thereof. The decision
of the arbitrator shall be in writing and include an explanation for the decision.
The prevailing party, if any, as determined by the arbitration, shall be awarded
all costs and fees. "Costs and Fees" means all reasonable pre- and post-award arbitration
expenses, including fees of the arbitrator, administrative fees, travel expenses,
out-of-pocket expenses such as copying and telephone, court costs, witness fees
(including experts), and attorneys' fees.
I understand that there is a ‘No Refunds’ policy once I have completed the process
of making a training program or have applied credits to an existing training program.
I understand that once the training program is made available on the web site it
can not be returned and it is not refundable. Only those credits paid for at regular
price that have not been used or applied to a training program may be made available
for refund.
I understand that access to my training plan, email coaching, members forum and videos
are only available for the duration of the paid plan. Old training plans are kept
by the system for 4 days after the goal race only.
I understand that to have access to any week of a training plan all weeks prior to
it need to be paid for as well.
By typing my name into the billing information section of coaching sign-up, I indicate
my acknowledgment that I have read and accepted these terms and conditions.