THESE TERMS AND CONDITIONS (“TERMS”) AND THE TERMS CONTAINED WITHIN THE WEB SITE DISCLAIMER APPLY TO YOUR USE OF THIS WEB SITE AND ANY PURCHASE YOU MAKE. BY MAKING USE OF THIS WEBSITE AND/OR MAKING ANY PURCHASE YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND OUR DISCLAIMER IN ORDER TO PROCEED WITH YOUR TRIAL/ORDER AND TO MAKE A PURCHASE.
YOU WILL BE ABLE TO PRINT OFF A COPY OF THESE TERMS AND CONDITIONS – WE RECOMMEND THAT YOU DO THIS AND KEEP A COPY FOR YOUR FUTURE REFERENCE.
BY MAKING USE OF THIS WEBSITE OR MAKING ANY PURCHASE YOU ALSO CONFIRM THAT YOU CONSENT TO OUR PROCESSING OF YOUR PERSONAL DATA IN ORDER TO PROCEED WITH A PURCHASE. PLEASE READ THE TERMS AND CONDITIONS WHICH DEAL WITH OUR USE OF YOUR PERSONAL DATA CAREFULLY BEFORE SUBMITTING YOUR ORDER.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW AND/OR OUR PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THESE TERMS AND CONDITIONS PLEASE DO NOT PLACE AN ORDER WITH US.
Definitions In these Terms, the following words have the following meanings unless the context otherwise requires:
1. About Us
www.the9milemarathon.com is owned and operated by Free and Focused bv Curaçao. Curaçao is part of the Dutch Royal Kingdom, former Netherlands Antilles.
2. About You
By using or making an order through this Web Site You warrant that You are at least 18 years old and capable of entering into binding contracts. You further warrant that you understand and agree to be bound by these Terms.
3. Terms and Conditions
3.1 These Terms govern the supply of Products and Services to You.
3.2 It is Your responsibility to ensure that Your use of the Web Site and the purchase of the Products and/or Services is legal in the country in which You are resident and/or in which You are viewing this Web Site.
4. Basis of Contract
4.1 These Terms and any document or disclaimer referred to in them represent the entire agreement between You and Us in relation to the supply of any Products and/or Services via the Web Site.
4.2 These Terms supersede all previous terms and conditions, prior agreements, representations, understandings or arrangements and shall replace any terms and conditions previously available on this Web Site or notified to You. You acknowledge that in entering into a Contract with Us You have not relied upon any representation, undertaking or promise previously given or implied from anything said in negotiations or otherwise prior to such Contract save as is expressly set out in these Terms.
4.3 Our employees, sub-contractors and/or agents are not authorized to make any representations or warranties concerning the Products, Services (including without limitation any product Autoship offerings) and/or the Web Site unless confirmed by a Director in writing.
4.4 No oral representations or warranties shall bind Us unless given by a Director.
4.5 We have the right to modify, vary or amend these Terms from time to time. No variation to these Terms shall be binding on Us unless agreed in writing between You and a Director in advance of Your order.
4.6 We reserve the right to change and modify these Terms without notice. You will be subject to the terms and conditions in force at the time that You order Products and/or Services from Us. However, the provision of our on-going Services such as any autoship offered will be subject to the updated terms and conditions in place from time to time and accordingly, it is Your responsibility to read and review these Terms from time to time so that You are fully aware of any changes. Your free trial and/or purchase of Products and/or Services and/or continued use of the Web Site and/or, where applicable, Your continued membership of the Web Site or part thereof shall be deemed to be Your acceptance of any modification or variation which has been made.
5. Orders and Contracts
5.1 You may order The 9-Mile Marathon eBook and related ad-ons only via the Website.
5.2 We have the right to refuse to accept any orders placed for Products and/or Services. Your order for Products and/or Services constitutes an offer to Us to buy those Products and/or Services and shall only form a binding Contract when We send Our order confirmation to You by e-mail.
5.3 You shall be responsible for the accuracy of Your order and for giving Us any and all information necessary for Us to perform the Contract. When You input Your details via the Web Site, You are responsible for ensuring that all information You give Us is correct. Our ordering process on the Web Site will provide You with instructions on how to correct any input errors.
5.4 Products are subject to availability. If We are unable to supply You with the Products due to the fact that they are out of stock, We will inform You as soon as possible. You will be given the option of (i) waiting until the Products are in stock when We will perform the Contract; or (ii) cancelling Your affected order and obtaining a full refund (if We have already received payment from You).
5.5 We try to ensure that all details contained within the Web Site are as accurate as possible. On the rare occasion that there is an error, We will advise You as soon as possible and it will be corrected.
5.6 Please note that any details and/or specifications for the Products and/or Services produced by Us (including any photographs of the Products) are intended as a guide only to give a general approximation. Our product are electronic (“e”) Products. When we show images of real people using real books it is intended as a guide only. You may print out our “e” Products to be able to actually hold them in your hands as indicated on the images.
5.7 We keep copies of all orders We receive and accept for a period of 6 years from the date of the order. This enables Us to process orders effectively, maintain high levels of customer service and deal with quality issues should they arise.
5.8 We will have Special Offers on Our Website from time to time, which, in the event of any dispute regarding the Rules, conduct, results and all other matters relating to these matters, the decision will be left to the management of Our Website. No correspondence, beyond reason, or discussion shall be entered into relating to any disputes.
6. Order, Trial, and Subscription & Autoship Programs Terms
Free and Focused Inc. offers via its website(s) and/or phone:
i. A single- or multiple instance order of downloadable eBooks. At the time of the order You will be asked to provide payment information, and personal details and to make the payment.
ii. A single instance trial of downloadable eBooks. The trial may be free or charged. At the time of claiming the trial (the effective date of trial submission online) You will be asked to provide payment information, personal details and to make the payment for the trial (in case the trial is not free). From the date of receiving our notification that your trial order has been confirmed (via email), You will have a specified number of calendar days (as specified on the website) to decide if the Product is right for you (hereinafter: “Trial Period”). During the Trial Period, any requests for cancellation will be addressed and fulfilled. If You do not contact us to cancel and/or edit and/or change Your trial during the Trial Period, we will regard it as Your legal consent to participate in the The 9-Mile Marathon 90-Days Trial and Subscription Program (hereinafter: the “Autoship Program”). The Autoship Program is 90 Days because it aligns with the 90 day training program. You will be charged as follows:
a. 7 calendar days after your trial order, we will charge You for the product you ordered. This is the first charge out of 3.
b. 30 calendar days following on the start of your trial, we will charge You for the product you ordered. This is the second charge out of 3.
c. 30 calendar days following on the start of your trial, we will charge You for the product you ordered. This is the third and last charge out of 3.
Any Products purchased are for Your personal use only. The Products cannot be resold and cannot be given to any third party.
8. Returns and Refunds
8.1 Where applicable, You may return Your order in 60 days in accordance with Your rights under the respective consumer protection laws of your country. The mechanisms for cancellation and refunding your orders are set out here: https://support.clickbank.com/hc/en-us/articles/220381867-How-do-I-get-a-refund-
8.2 To satisfy your cancellation or your refund request, you will have to return the digital Product to Us at Your expense to Our email address email@example.com. You will have to add the digital return Product as an attachment to Your email. From that moment on you can not use the Product anymore. Keeping and/or using a copy is illegal.
8.3 It is your responsibility to decide if our Products are right for You and make any cancellation requests if You so desire exclusively during the designated time of 60 days.
8.4 We shall have no Liability to You in respect of any cancelled orders other than the return of any payment You may have made before cancellation.
9.1 Dates for delivery are estimates only and are not guaranteed. Shipping methods, delivery times and fees may change from time to time. Time is not of the essence in relation to such dates. They are also subject to any matter beyond Our reasonable control including without limitation those events set out in paragraph 15.3.
9.2 As a general rule, We will dispatch the Products to You on the same day as We accept Your order (subject to the Products being in stock) or the next working day if Your order is placed outside of our normal working hours. We do not charge for delivery, packaging and handling.
9.3 Where Products are to be delivered in installments, each delivery shall constitute a separate and distinct contract and failure by Us to deliver, or any claim by You in respect of, any installment shall not entitle You to repudiate and/or terminate any Contract as a whole.
9.4 Notwithstanding Your rights of cancellation set out at paragraph 8 above You have no right to reject Products and have no right to rescind for late delivery unless the due date for delivery or any subsequent date which has been notified to You has passed.
9.5 We shall not be required to fulfill orders for Products in the sequence in which they are placed.
9.6 In most cases, orders will be delivered to You as downloads.
9.7 We are not responsible for the Products and their safe delivery after they have left Our possession. If You have any issues regarding non-delivery, late delivery and/or damage to the Products during transit, You must take this up with your provider/carrier.
10. Prices and payment
10.1 The price for Products and Services shall be as shown on the Web Site at the date of Our acceptance of Your order.
10.2 Unless otherwise stated, all prices are in USD without VAT or other similar sales tax. Customers may be charged Import Duties on shipments of Free and Focused Inc.. These are charged by local Customs and are beyond our control. Any Import Duties are the responsibility of the customer.
10.3 Whilst We try to ensure that all prices on the Web Site are accurate, errors may occur and prices may vary. Your payment may be processed in various international currencies and not the currency displayed during checkout. You may experience currency exchange rate differences due to it being an international charge, and should check your credit card statement to view the charge in the actual currency. Due to exchange rate differences, the price of shipping may even exceed the stated shipping amount on the website. If you have any questions or concerns about this, please contact us by sending Us an e-mail to firstname.lastname@example.org.
10.4 You will be informed in writing by Us of any increases in prices for Products or Services which may have occurred between You joining the Autoship Program and any following time period. You may cancel without any Liability any order in relation to which the price is increased, however, we cannot guarantee a full refund in such a case, particularly if we had advised you in advance of the price change (via email or telephone).
10.5 Payment is due at the time You place Your order:
10.6.1 If you are ordering online via the Web Site, We use a third party to take Your payment by debit or credit card. When You proceed to checkout and place Your order, We will take Your personal details and card details and pass them to Our chosen credit card merchant. The credit card merchant will check and store Your data in order to process Your payment details. We have imposed obligations on our credit card merchant to protect the security and safety of Your data. In respect of each credit or debit card transaction, We strongly advise that you print off and retain a copy of the card transaction in an accessible place for future reference;
10.6.2 If You are placing orders by fax, when completing the order form please complete details of Your debit/credit card as requested on the form. Please note that fax is not a secure method of communication and We accept no liability for any loss and/or damage that You may suffer as a result of faxing Your credit/ debit card details to Us. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment;
10.6.3 If You are placing Your order by telephone, We will ask for Your credit/debit card details in order to take payment. As with online payments, Your card details and data will be passed to Our credit card merchant in order to process payment;
10.7 We will not accept Your order and the Contract will not be concluded until such time as We receive confirmation from Our credit card merchant that Your payment has been authorized and/or We have received payment in full in cleared funds.
10.8 If for any reason payment in full is not made, We may withhold or suspend delivery of Products or, as the case may be, Services.
11. Property and risk
Risk in the Products shall pass to You at the time of delivery. Delivery shall be deemed to occur at the time when the Products are passed to Our nominated carriers.
12. Faulty Goods
12.1 If You discover that a Product is faulty, You must notify Us of the defect within 7 days of the date of delivery or within a reasonable period of time of discovery (if the defect was not readily apparent).
12.2 We may ask You to return the faulty Products to Us for inspection before We send You a replacement. If the Products are faulty, We will replace the faulty Product at no additional cost to You and refund any reasonable costs You may have incurred in returning the faulty Product to Us.
13. Data Protection
13.1 When You use Our Web Site, You will be asked to provide certain personal information such as Your contact details, credit/debit cards or other payment details. We will store the data You provide to Us on computers or otherwise. Data will be held in the US where the Web Site is hosted. The purposes for which Your personal data will be processed are set out below. Please indicate Your consent to the processing of Your personal data for these purposes by ticking the relevant box at the end of these Terms.
13.2 We will comply with the requirements of all data protection legislation in force. In particular, You may request a copy of any personal data We hold about You upon written application. Please note that We reserve the right to charge the current statutory fee for providing You with such information.
13.3 We will process Your personal data in an ethical manner. It will be used for the following purposes:
13.3.1 to process Your order;
13.3.2 where applicable, to administer Your membership of the Web Site;
13.3.3 to administer Our Web Site services which may involve sharing information with Our services providers;
13.3.4 to administer Our business;
13.3.5 for assessment and analysis (e.g. market, customer, product analysis) to enable Us to review, develop and improve the services which We offer and to enable Us to provide You with relevant information through Our marketing information;
13.3.6 to notify You by email or telephone of any Products that We think may be of interest to You unless You inform Us that You do not wish to receive such information.
13.4 We may also disclose Your information to anyone to whom We transfer or may transfer Our business and/or Our rights and duties under the Contract with You or to the police or any other regulatory or government authority where We are legally required to do so.
13.5 We may share Our database(s) of customers with selected third parties.
13.6 If You do not wish Us to notify You by post of any additional products or services that We think may be of interest to You, please let us know.
13.7 We try to ensure that all data we hold about our customers is up to date and correct. Therefore, if any of your personal details change, please let by us know by sending Us an e-mail to email@example.com. When ordering online, We will provide a clear process for You to correct any input errors.
14.1 We shall have no Liability to You for death or any form of personal injury, loss of profit, business, revenue or income, loss of anticipated savings, lost data, damage to goodwill, business interruption, economic and/or other loss which, at the time You entered in to this Contract. You explicitly state that your physician has read-, understood- and given You his permission to participate in the training programs as they are described in the Product, before you entered into this Contract.
14.2 We do not guarantee that the Web Site will be compatible with Your PC and We accept no Liability for any corruption and/or loss of data held on Your PC, or any Liability for any other loss or damage of any kind caused to Your PC resulting from use of the Web Site.
15.1 No waiver by Us of any breach of any Contract by You and/or the failure by Us to exercise any rights or remedies to which We are entitled shall be considered as a waiver of any subsequent breach of the same provision or other provision or of Our rights or remedies and shall not relieve You from compliance with such obligations.
15.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
15.3 We shall have no Liability to You for any delay in performance to the extent that such delay is due to any event outside Our reasonable control including acts of God, denial of service attacks, internet disruption, non-performance by suppliers or subcontractors, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If We are affected by any such event then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
15.4 All third party rights are excluded and no third party shall have any right to enforce a Contract. Any rights of a third party to enforce this Contract may be varied and/or extinguished by agreement between the parties.
15.5 Notwithstanding Your rights set out above, if You are unhappy with any aspects of the Services and/or Products that We have provided to You or have any queries or comments regarding these, please contact Us by sending Us an e-mail to firstname.lastname@example.org.
16. Legal Disclaimer
Statements made by Company have not been evaluated by the food, drug and health administrations. Our Products are not intended to diagnose, treat, cure or prevent any injury, illness or disease. Consult and seek approval with your physician for diagnosis before you start using our Products. The information presented on this site is not presented with the intention of diagnosing any disease or condition or prescribing any treatment. It is offered as information only, for use in the maintenance and promotion of running marathons in cooperation with a licensed medical practitioner. In the event that any individual should use the information presented on this website without a licensed medical practitioner's approval, that individual will be diagnosing for him or herself. No responsibility is assumed by the author, publisher or distributors of this information should the information be used in place of a licensed medical practitioner's services. No guarantees of any kind are made for the performance or effectiveness of the preparations mentioned on this website.
Product Safety Guidelines
In any case, situation, circumstance in general, even if you are in a good physical condition without any injuries or problems, or in particular if you are experience injuries from running, experienced injuries in the past or taking prescription drugs, have a medical condition check with an appropriately qualified physician before making use of our Products. Running less training miles (compared with the old, ‘classic’ training programs) has shown evidence and real life examples that it works for intermediate runners, who are able to run a marathon between approx. 3 and 5 hours). Just because a small amount works well does NOT mean that running less miles is better for everybody. As individuals we all have different constitutions, sensitivities, reactions and possible health conditions. This needs to be discussed with your physician before you enter the program.
Should You check with your doctor, physician or healthcare provider before starting with the program?
Yes. And you should follow his/her advise.
October 2017. Free and Focused Inc. Curaçao. All rights reserved.
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Copyright 2017 - Free and Focused bv - All Rights Reserved