Terms and Conditions
Terms of Use
The following Terms of Use are entered into by and between You and M T Wilson, trading as No Sweat Websites, MW Fitness Education, Mike Wilson Fitness, and/or Online Fitpro Academy (“Company”, “we”, or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of nosweatwebsite.com, mikewilsonfitness.com and onlinefitproacademy.com (the “Website(s)”), including any content, functionality and services offered on or through the Website(s), whether as a guest or as a registered user.
Please read the Terms of Use carefully before you start to use the Website(s). By using the Website(s) or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website(s).
This Website(s) is/are offered and available to users who are 18 years of age or older. By using this/these Website(s), you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes of Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Privacy
Your use of the Website(s) is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website(s) and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website(s) is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website(s) and informs users of various limitations regarding the information provided on the Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Use of Free Downloadable Content
The Company provides various resources on the Website(s), which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use the free resources (the “Free Content”) provided, in exchange for an email address, for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Free Content in any manner.
By downloading the Free Content, you agree that the Free Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Free Content, you further agree that you shall not create any derivative work based upon the Free Content and you shall not offer any competing products or services based upon any information contained in the Free Content.
Programs & Services
The Company provides various services, material, courses, programs, subscriptions, and associated material for sale on this/these Website(s).
The Company grants you a limited, personal, non-exclusive, non-transferable license to use our services, courses, programs, subscriptions, and associated material (collectively the “Services”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
By ordering or participating in Services, you agree that the Service you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Services, you further agree that you shall not create any derivative work based upon the Services and you shall not offer any competing products or services based upon any information contained in the Services.
We endeavour to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Website(s) is/are entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Method of Payment & Automatic Renewal
We (or our third-party payment processor) shall authorize your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. Your Subscription will automatically renew for the same term as your initial Subscription unless you cancel your Subscription as per the Cancellation Policy below.
Refund Policy
We want you to be satisfied with your purchase and we offer a 7-day refund period for new customer product purchases.
Because the products/services we offer are digital and cannot be returned, your purchase is only eligible for a refund in the following situations:
- The requested refunded product is your first-ever product purchased from us (includes subscriptions)
If you have purchased a prior product or service from us then we do not issue refunds under any circumstances. - You purchased two licenses for the same product, accidentally.
We’ll gladly refund you the duplicate purchase(s). - There is a technical problem with the product/service that we cannot resolve after becoming aware of the problem.
Products with alleged technical issues will only be eligible for a refund when sufficient information is provided regarding how the error was created. If you encounter a consistently reproducible error with the product files that cannot be resolved by us, you will be issued a refund. - The product/service was received by you less than 7 days ago.
In the event that you decide your purchase was not the right decision, within 7 days of receipt, contact our support team at support@nosweatwebsite.com and let us know you’d like a refund by the 7th day at 23:59 GMT.
We are unable to process refunds in the following situations:
- The product is not your first-ever purchase
Please note, the refund policy is respected per each product in the sales funnel. - Product bundles and bulk purchases
There are no refunds for purchases of product bundles or bulk purchases over $200. Please purchase a smaller item first, to see if you like our content, before making a larger purchase. - Used Content
Refunds are not issued for products if you have used any part of the content, such as sharing it with your customers or including portions in another product. - Services
Refunds for services are not issued unless the service was NOT delivered within the time frame specified. - Disputes
If a PayPal or credit card dispute is opened to request a refund during the grace period, a refund will not be issued. Please close your dispute and then request your refund through support@nosweatwebsite.com, as outlined in the Refund Process below. - Fees charged immediately after a trial period ends
If a trial period offer is purchased then you waive your right to the 7-day money-back guarantee. - Attempted abuse of the refund policy
For example, by purchasing and requesting refunds repeatedly. - Incompatibility of our products with third-party software
Prior to ordering, please make sure you have carefully read and understood any software requirements - Lack of correct software
Refunds are not issued if you don’t have the correct software (described in the listing) to open and edit the product. Software requirements may be listed in one of several ways, including in our FAQ section of the product information page before checkout. - Download difficulties
You are having trouble downloading the product because your internet is not fast enough, is not stable, or cannot handle a large download or similar issues related to your internet.
Refund Process
If you request a refund, please include an explanation of the reasons for a refund, your order information, and your account email. Send your request to support@nosweatwebsite.com.
Prior to ordering, please, make sure you have carefully read and understood the content license rules and software requirements. If you are not sure if the content meets your needs or have questions about features, please contact our Customer Support Desk (support@nosweatwebsite.com). All inquiries about our products are free of charge.
If you receive a refund of any purchase through this money-back guarantee, it will immediately terminate any and all licenses granted to you to use the material provided under these Terms of Use or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
By purchasing, you agree to waive your cancellation rights. By purchasing, you agree that all refunds are at the sole discretion of the company. You agree to our full Refund Policy contained here within, which we may modify from time to time at our sole discretion.
Cancellation Policy (Monthly Subscriptions Only)
You can cancel your subscription by sending an email to support@nosweatwebsite.com stating you want to cancel your plan/subscription.
NOTE: Unless No Sweat Websites is notified at least three (3) business days before the end of the conclusion of your current subscription term (or any subsequent Renewal Term) that you do not intend to renew your subscription, you will be enrolled into an automatic renewing cycle for the same term at the conclusion of the current subscription term. This applies to all subscription plans involving payment and works the same for both monthly and annual renewals. Any request notice of your intention not to renew shall be provided by emailing us at support@nosweatwebsite.com.
There will be no partial (or pro-rata) refunds on monthly OR annual payments.
Cancellations will be effective once the cancellation request has been processed by our team. You will be unable to log in to your website dashbaord area after that time. If you did not submit your cancellation request in time and the current month’s payment has already been processed, we will not issue a refund for the current month.
Once you cancel, you will no longer have access to your website and it will no longer be online.
It is entirely your responsibility to request the cancellation of your account in good time should you no longer require the subscription.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: support@nosweatwebsite.com.
Order Confirmation
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Account Creation
In order to use your website, you will be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service(s), violate any laws in your jurisdiction.
Refusal of Service
Any Services offered by the Company are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website(s) or Services, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
Material You Submit To The Website(s)
You shall not upload, post or otherwise make available on the Website(s) any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary rights without the express written permission of the owner of the copyright, trademark, or other proprietary rights, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Website(s), you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
As a feature of the Service, we may provide access to a community or social media platforms in conjunction with the Service. We are not required to provide a community platform and have complete discretion with regard to the platform, and the nature of the interaction, dependent on the Service.
You agree that your use of these community and social media platforms is a privilege and we may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening. We will make reasonable efforts to provide notice to you with regard to inappropriate or unapproved content that you have placed within the voluntarily provided community and social media platform. We are not required to provide notice, and reserve all rights to take immediate and appropriate action to protect the Company’s brand and image integrity.
Please read the Privacy Policy carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Privacy Policy. If you do not want to agree to the Privacy Policy, you must not access or use the Website.
Intellectual Property Rights To Your Material
We claim no intellectual property rights over the material you supply to us. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Website(s) or Service(s). The content you submit to us remains yours to the extent that you have any legal claims therein. You agree to hold us and our associates harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Website(s), you grant us a worldwide, non-exclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
You consent to recordings being made of calls or webinars provided as part of the Service(s). You consent to your name, words, voice, and likeness being used by us for promotional, business development, and marketing purposes, without compensation to you. We will make a reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.
Our Intellectual Property
The Website(s) and Service(s) contain intellectual property owned by us, including trademarks, copyrights, proprietary information, and other intellectual property. The Company’s copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including the Company’s copyrighted materials, shall remain the sole property of the Company. No license to sell or distribute our materials is granted or implied.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site or Service’s information with a non-member. We reserve the right to immediately remove you from the Service, without a refund, if you are caught violating this intellectual property policy.
No Warranties
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FROM THE USE OF THIS WEBSITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
Severability/Waiver
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
Modification
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Website(s). Any use of the Website(s) or Service(s) by you after being notified means you accept these amendments. We reserve the right to update any portion of our Website(s) and Service(s), including these Terms and Conditions, at any time. We will post the most recent versions to the Website(s) and list the effective dates on the pages of our Terms and Conditions.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Contact
If you do not understand or agree with any of these conditions, please do not use this/these website(s) or order this/these service(s).
If you have any questions regarding our terms of use, or your dealings with our website, please contact us here: support@nosweatwebsite.com
~ No Sweat Websites
(Effective as of 1st June 2024)
