Terms and Conditions
TERMS AND CONDITIONS
THE LEGAL AGREEMENT SET OUT BELOW GOVERNS THE TERMS AND CONDITIONS AND ALL OTHER ASPECTS OF YOUR, THE USER’S (“YOU/YOUR”) USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THIS SMARTCOREMETHOD.COM WEBSITE (“WEBSITE”), AND/OR THE SMARTCore® METHOD, SMARTCore®, OR ANY EXERCISES, SERIES OF EXERCISES, METHOD OF EXERCISES, INSTRUCTIONS, MATERIALS, CONTENT, OR INFORMATION RELATED THERETO INCLUDED HEREIN (ALL OF THE AFOREMENTIONED COLLECTIVELY, “CONTENT”), ANY SERVICES PROVIDED HEREIN (“SERVICES”), AND ANY DOWNLOADABLE, INSTANT, OR OTHER VIDEOS, DVDS, PODCASTS, OR OTHER SUCH PRODUCTS OR OTHER TANGIBLE MEDIUMS OF EXPRESSION INCLUDED HEREIN (ALL OF THE AFOREMENTIONED COLLECTIVELY, “PRODUCTS”)(THIS WEBSITE, AND ALL CONTENT, SERVICES, AND PRODUCTS HEREIN, HEREAFTER COLLECTIVELY “THE SMARTCore® METHOD COLLECTIVE MATERIALS”).
YOU MUST AGREE TO ALL OF THE FOLLOWING TERMS AND CONDITIONS AS STATED HEREIN PRIOR TO USING THE SMARTCore® METHOD COLLECTIVE MATERIALS. IF YOU DO AGREE TO THESE TERMS AND CONDITIONS, CLICK “AGREE” BELOW. IF YOU DO NOT AGREE, DO NOT CLICK “AGREE” BELOW AND DO NOT USE THE SMARTcore ™ METHOD
Warning: IMPORTANT: ALWAYS CONSULT YOUR PHYSICIAN/ HEALTHCARE
PROFESSIONAL BEFORE BEGINNING AND/OR CONTINUING ANY FORM OF EXERCISE, INCLUDING THE SMARTCore® METHOD COLLECTIVE MATERIALS.
Warning: IMPORTANT: THE SMARTCoreTM METHOD COLLECTIVE MATERIALS ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY, AND ARE NOT, INDIVIDUALLY OR COLLECTIVELY, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, OR A SUBSTITUTE THEREFORE, AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY SUCH PURPOSE.
THE SMARTCore® METHOD. Throughout THE SMARTCore® METHOD COLLECTIVE MATERIALS, reference will be made to the terms “SMARTCore®” and “The SMARTCore® Method”. SMARTCore® is a fitness method designed to activate the user’s deep core, increase overall coordination, and increase balance and proprioceptive skills, while enhancing overall movement efficiency. The SMARTCore® Method is a specific method of holistic fitness, exercise, movement, stretching, balance, and wellness. Both are created by founder Kaylee Cahoon. All references to the SMARTCore® Method shall be deemed to include, collectively, The SMARTCore® Method and SMARTCore®.
Remember: The SMARTCore® Method is designed to activate and strengthen your body’s deep core.
Only perform exercises in a range of motion (ROM) that is comfortable for You.
Use the least amount of effort necessary for each exercise to build a smarter and more efficient core.
FOR BEST RESULTS. For best results when using the SMARTCore® Method, do the following:
Remember that correct Posture and Form (including the position of the head and neck) are vitally important to achieving positive results from the SMARTCore® Method.
Always have your head and neck in correct alignment.
Always position the viewing device on which You are watching your SMARTCore® Method video so to avoid straining your neck while engaging in exercise.
Warning: Exercise of any kind has risks.
USES. THE SMARTCore® METHOD COLLECTIVE MATERIALS are intended for your personal, non-commercial use only. Your use of, review of, viewing of, access to, engagement with, or purchase of, any of THE SMARTCore® METHOD COLLECTIVE MATERIALS in no event entitles You to use any or all of the THE SMARTCore™ METHOD COLLECTIVE MATERIALS for any commercial purpose, or in a public, group, or class setting, or under any conditions where compensation is accepted in exchange for access, use, or viewing thereof. Further, your unauthorized use, copying, duplication, reproduction, display, or publication of any THE SMARTCore® METHOD COLLECTIVE MATERIALS shall subject You to legal claims including infringement of all forms of intellectual property protected hereunder, subjecting any violating party to the maximum damages allowed under the law.
ELECTRONIC CONTRACTING. Your use of THE SMARTCore® METHOD COLLECTIVE MATERIALS includes the ability to initiate and make payments and/or transactions electronically through this Website or otherwise as authorized hereunder (“Your Initiated Transactions”). YOU ACKNOWLEDGE THAT YOUR INITIATED TRANSACTIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH TRANSACTIONS and your authorization to SMARTCore Method, Inc. (or a third party authorized thereby) to charge your payment method as provided by You (including for the retail price of any of THE SMARTCore® METHOD COLLECTIVE MATERIALS or other materials ordered by You, and any sales or other taxes, and shipping, as applicable) that may apply to your order. All sales are final. Prices for any THE SMARTCore® METHOD COLLECTIVE MATERIALS offered may change at any time, and do not provide price protection in the event of a subsequent price reduction or promotion. If any of THE SMARTCore® METHOD COLLECTIVE MATERIALS or other materials ordered by You become unavailable following a transaction but prior to download, your sole remedy is a refund in full therefore.
PRIVACY. You may be asked to provide certain contact or information, including without limitation, your full name, address, email address, telephone number, and credit card or other payment information in conjunction with Your Initiated Transactions or other use of this Website, or THE SMARTCore® METHOD COLLECTIVE MATERIALS. All such information shall be considered strictly confidential and used solely for the purpose for which it is requested, and shall not be sold or transferred to any third party, other than to authorized, secured parties acting on behalf of SMARTCore Method, Inc. to complete transactions initiated and executed herein.
OWNERSHIP. SMARTCore Method, Inc., a corporation duly organized under the laws of the state of Tennessee, is the sole and exclusive owner of: (i) THE SMARTCore® METHOD COLLECTIVE MATERIALS; (ii) The SMARTCore® Method; (iii) SMARTCore®; (iv) All exercises, series of exercises, methods of exercise, instructions, materials, content, or information included herein on this Website or in any Content, Services, or Products herein; (v) All downloadable, instant, or other videos, DVDs, podcasts, and other such tangible mediums of expression included on this Website or in any Content, Services, or Products herein; and, (vi) All intellectual property in and to any of the aforesaid in (i),(ii),(iii),(iv), (v) or otherwise included on this Website, or in any Content, Services, or Products, including in and to all registered or unregistered U.S. federal, state, and common law copyrights, exclusive rights, patents, trademarks, trade secrets, trade dress, SMARTCore® and the SMARTCore® Method trademarks and brand, and all other proprietary rights, title, or interests. All express or implied written or verbal references on this Website or in any Content, Services, or Products to the owner of THE SMARTCore® METHOD COLLECTIVE MATERIALS, the “SMARTCore® Method”, “SMARTCore”, or “SMARTCore®” shall refer solely and exclusively to SMARTCore Method, Inc. SMARTCore Method, Inc. reserves the right to assign all or part of its ownership interest in (i), (ii), (iii), (iv), (v), or (vi) above to a parent, subsidiary, or other successor or assign, and all terms herein now applicable to SMARTCore Method, Inc. shall thereafter apply to said additional or new entity or party.
DISCLAIMERS. SMARTCore METHOD, INC. PROVIDES ALL OF THE SMARTCore® METHOD COLLECTIVE MATERIALS, THIS WEBSITE, ALL CONTENT, ALL SERVICES, AND ALL PRODUCTS, EXPRESSLY INCLUDING THE SMARTCore® METHOD, “AS IS”, “AS AVAILABLE”, AND WITH AN EXPRESS DISCLAIMER AS TO ANY WARRANTIES OF ANY KIND THEREIN OR THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING AS TO ANY PROMISES OR GUARANTY OF ANY HEALTH, FITNESS, WELLNESS, WEIGHT-LOSS, EXERCISE, MOBILITY, BALANCE, OR OTHER RESULTS. FURTHER, NO EXPRESS OR IMPLIED WARRANTY OR GUARANTY GIVEN BY ANY THIRD PARTY PERSON, FIRM OR CORPORATION SHALL BE BINDING ON SMARTCore METHOD, INC. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that SMARTCore Method, Inc. may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
LIMITATION OF LIABILITY. YOU ASSUME ALL RISK AND LIABILITY FOR, AND SMARTCore METHOD, INC. SHALL NOT ASSUME ANY RISK OR BE LIABLE FOR, ANY ALLEGED CLAIM, LOSS, CAUSE OF ACTION, INJURY, PROPERTY DAMAGE, BODILY INJURY, OR DEATH, OR OTHER LIABILITY, ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, THE USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THE SMARTCore® METHOD COLLECTIVE MATERIALS OR FOR ANY COMPENSATORY, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EXPENSES, FEES, FINES, OR COSTS ALLEGEDLY ARISING THEREFROM, TO YOURSELF, YOUR PROPERTY, TO ANY THIRD PARTIES, AND TO ANY THIRD PARTIES’ PROPERTY.
INDEMNIFICATION. YOU DO HEREBY AGREE TO INDEMNIFY, PROTECT, AND DEFEND SMARTCore METHOD, INC. (INCLUDING ITS PARENTS, SUBSIDIARIES, OR OTHER SUCCESSORS OR ASSIGNS, AND ALL SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, OR CONSULTANTS RELATED THERETO), FROM AND AGAINST ALL DAMAGES, EXPENSES, FEES, FINES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO ANY ALLEGED CLAIM, LOSS, CAUSE OF ACTION, INJURY, PROPERTY DAMAGE, BODILY INJURY, OR DEATH, OR OTHER LIABILITY, ALLEGEDLY ARISING FROM OR RELATED TO, DIRECTLY OR INDIRECTLY, THE USE, REVIEW, VIEWING, ACCESS TO, ENGAGEMENT WITH, OR PURCHASE OF, THE SMARTCore® METHOD COLLECTIVE MATERIALS.
E-CONTRACT. Your use of this Website includes the ability to enter into this Agreement and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC AGREEMENT HERETO CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR ALL INITIATED TRANSACTIONS.
WEBSITE CHANGES. SMARTCore Method, Inc. reserves the right at any time to modify this Website, THE SMARTCore® METHOD COLLECTIVE MATERIALS, and this Agreement, and to impose new or additional terms or conditions. Such modifications and additional terms and conditions will be effective immediately and incorporated by reference into this Agreement. Your continued use of this Website or THE SMARTCore® METHOD COLLECTIVE MATERIALS thereafter will be deemed acceptance thereof.
MISCELLANEOUS. This Agreement and these Terms and Conditions are the entire agreement as to the THE SMARTCore® METHOD COLLECTIVE MATERIALS, and all other, prior agreements have been merged herein. This Agreement and all Terms and Conditions of use of SMARTCore® or the SMARTCore® Method shall be interpreted under, and subject to, and resolved under, the laws of, jurisdiction, and venue, of the State of Tennessee.
By continuing and using any of THE SMARTCore® METHOD COLLECTIVE MATERIALS, YOU ARE ASSUMING THE RISK as stated herein.