TERMS OF SERVICE

THESE TERMS OF SERVICE (the “Terms of Service”) set forth the terms under which Coach Decker, an Arizona business (“Coach Decker”, “we” or “us”), will provide you with access to and use of https://coachdecker.com/, including any related Coach Decker mobile application (collectively, the “Site”).

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using our Site or services, you agree that you have read and agree to be bound by these Terms of Service.  If you do not agree to these Terms of Service, then you may not access the Site or use any of our services.

We expressly reserve the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review our Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of our Site after such modifications will constitute acknowledgement of the modified Terms of Service  and agreement to abide by and be bound by the modified Terms of Service.

If any violation of these Terms of Service occurs, WE RESERVE THE RIGHT TO IMMEDIATELY SUSPEND OR TERMINATE ANY RELATIONSHIP WITH THE VIOLATING PARTY.

To use certain portions of our Site, you will be required to register and set up an account (your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username, and a password (collectively, “Account Data”).

You agree to provide true, accurate, current, and complete contact and identification information about yourself as prompted by our registration form. If you provide inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account. Accounts registered by “bots” or other automated methods are not permitted.

Please keep your Account Data accurate, current, and secure at all times. By creating your Account, you consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at https://coachdecker.com/privacy-policy.

You are solely responsible for maintaining the confidentiality of your Account Data and for all statements made and acts or omissions that occur through the use of your Account Data and Account.

By registering for an account on our Site, or by clicking to accept these Terms of Service when prompted on the Site, you are deemed to have executed these Terms of Service electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms of Service, and any amendments hereto.

In connection with these Terms of Service, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.

Fees and Payment for Programs and Classes. Coach Decker offers bundled offerings of martial arts classes and training programs (“Packages”). Packages typically include a specified number of classes or sessions within a defined time frame, along with access to related training materials and resources.

By selecting a Package plan, you agree to pay Coach Decker the respective fees indicated for that Package in exchange for the class or program features listed in the Package description. Applicable fees will be charged on the day you sign up for a Package. Packages do not renew; your Package will automatically end upon completion of your class or program.

All fees are quoted in US Dollars and reserves the right to change the payment terms, fees, and program or class features at any time. We will notify you of changes to our fee policy by posting such changes on our Site or by sending you an Account notice. Our fees are non-refundable and if your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms.

Payment Methods. To use certain features of our Site, you must provide information for at least one valid payment method. The Site makes the following methods of payment available: credit/ debit cards, in some cases bank accounts, PayPal, Stripe, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).

By providing Payment Method information through the Site, you represent and warrant that:

• you are legally authorized to provide such information to us;
• you are legally authorized to use the Payment Method(s); and
• such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.

When you authorize a payment using a Payment Method via the Site, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.

Our Site may employ the use of third-party services for the purpose of facilitating payments and the completion of purchases. By submitting your payment information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Free or Promotional Trials. From time to time, to the extent legally permitted, we may offer free or reduced rate promotional trials of certain Packages or for individual classes for specified periods of time without payment or for a reduced promotional price. If Coach Decker offers you a free or promotional trial, the specific terms of the free or promotional trial will be provided in the marketing materials describing the particular trial, during the online registration process when the code for the trial is entered on the Site.

Taxes. You are responsible for any sales or other governmental taxes or fees due with respect to your purchases on our Site. Coach Decker will collect applicable sales tax if it determines that Coach Decker has a duty to collect sales tax. Coach Decker will present any taxes that it is required to collect at checkout.

Coach Decker does offer merchandise for purchase online. These products may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our merchandise that appear in our online store. However, we cannot guarantee that the display of any merchandise will be accurate.

All descriptions of merchandise or merchandise pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any merchandise at any time.

We do not warrant the quality of any merchandise purchased or that it will meet your expectations.

Site Links. Where appropriate, we may include links to other websites or organizations. We have no control over the contents or administration of other websites, and make no warranties, either express or implied, or recommendations concerning the information contained on such websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

MyFitnessPal App Usage. As part of our services, you may be provided with the option to download and use the MyFitnessPal app. Please be aware that the use of the MyFitnessPal app is subject to the Terms of Service established by MyFitnessPal. By choosing to utilize the MyFitnessPal app in conjunction with our services, you agree to comply with and be bound by the terms and conditions set forth by MyFitnessPal.

It is important to review MyFitnessPal’s Terms of Service independently, as any issues or disputes arising from the use of the MyFitnessPal app are governed solely by MyFitnessPal’s policies. Coach Decker does not assume responsibility for the content, functionality, or any issues related to the MyFitnessPal app.

For your convenience, you can access MyFitnessPal’s Terms of Service here or directly through their official website or app. Your continued use of the MyFitnessPal app within the context of our classes and programs implies your acceptance of both MyFitnessPal’s Terms of Service and our own Terms of Service.

If you do not agree to comply with MyFitnessPal’s Terms of Service, we recommend refraining from using the MyFitnessPal app in conjunction with our services.

Linking to our Website. You may link to our Site, provided you do so in a way that is fair and legal and does not damage 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 by you. We reserve the right to withdraw linking permission without notice.

Our Site, and all the information available on our Site, is the property of Coach Decker and our affiliates and are protected by copyright, trademark, and other intellectual property laws. You may not use our Site or the information available on our Site in a manner that constitutes an infringement of our rights, our affiliates’ rights, or in any way that has not been authorized by us.

All content on our Site (illustrations, texts, names, service names, images, videos, etc.) is the property of Coach Decker and/or our affiliates. Certain images or other materials may be stock photographs that we have purchased or licensed from third parties. Any partial or total reproduction of this content, by any means, is subject to prior and express authorization by us. United States law concerning intellectual property ownership and copyright protects all materials, information and content offered or made available on our Site. We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not already have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party is punishable under United States law.

We will not, under any circumstances, be held responsible if anyone violates rights held by a third party through activities on our Site.

We respect the intellectual property of others, and we ask you to do the same. If you believe your copyright, trademark or other intellectual property rights have been infringed by any content on our Site, you should send us a notification immediately. To be effective, the notification must include:

1. Identify the material that you claim is infringing upon your copyrighted work
2. Your contact information, including an email address
3. Enough information, if possible, to permit us to notify the owner of the allegedly infringing material or other content
4. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
6. Sign the notice
7. Send the written communication to us at the following address:

Coach Decker

RE: Copyright Infringement
2753 East Broadway Road #101-114
Mesa, AZ 85204
Email: fightingfitaz@gmail.com

As a condition of your use of our Site, you agree that: (i) you are an individual person more than 18 years of age; (ii) your use of this Site will at all times comply with the terms of these Terms of Service and all applicable laws.

BY USING THE SITE, YOU AGREE NOT TO ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, which constitute express violations of these Terms of Service:

• Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our Site unless you have been specifically allowed to do so in a separate agreement.
• Distribute material including, but not limited to, spyware, computer viruses, any kind of malicious computer software, or any other harmful information that is actionable by law.
• Engage in attempts to gain unauthorized access to any portion or feature of our Site.
• Send unsolicited or unauthorized material or cause disruption in the operation of our Site.
• Use our Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Collect or track the personal information of others.

You agree to use our Site for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms of Service. We reserve the right to refuse Service to anyone for any reason at any time.

The information on our Site is provided “as is” without any representations or warranties, either express or implied. We make no representations or warranties in relation to the content or information on our Site.

Our Site could include technical or other mistakes, inaccuracies, or typographical errors. WE MAKE NO WARRANTY THAT OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. We may make changes to the content on our Site, including the prices and descriptions of any of our services, at any time without notice. Our service listings or other content on our Site may be out of date and we make no commitment to update such content.

You expressly understand and agree that:

1. Your use of our services is at your sole risk. Our services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, coach decker, its officers, directors, employees, and agents expressly disclaim all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
2. Coach decker does not warrant that: (i) our services will meet all of your requirements; (ii) our services will be uninterrupted, timely, secure or error-free; or (iii) errors in our services or related software will be corrected.
3. Any material downloaded, purchased or otherwise obtained through the use of our site is done at your own discretion and risk.
4. No advice or information, whether oral or written, obtained by you from coach decker or through or from our services shall create any warranty not expressly stated in these terms of service.

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of our site including:

• The inability to use our site;
• The cost of procurement of substitute goods or services resulting from any goods, information or services purchased or obtained through or from our site;
• Our actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom;
• Your failure to protect the confidentiality of any passwords or access rights to your account information;
• The termination of your account in accordance with the terms of these terms of service; or
• Any other matter relating to our site.

You assume sole responsibility for all use of our Services and agree to indemnify, defend and hold Coach Decker harmless from and against any and all claims, causes of action, suits, proceedings, demands, damages, costs, expenses and liabilities of any kind whatsoever, including (without limitation) legal expenses and reasonable attorneys’ fees, from third parties (“Claims”), arising out of or in any way related to: (a) your use of our Site, including without limitation the use or inability to use the same, or any errors or defects in the same; or (b) any breach by you of these Terms of Service.

Coach Decker operates its own independent business and provides the Site as an independent contractor. As such, these Terms of Service and any account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.

The Site we provide is a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Site, our mobile app, and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Service by checking back regularly. Your continued use of the Site following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by us in connection with such termination or suspension.

This Site (excluding any linked sites) is controlled by us from our offices within the State of Arizona. By accessing our Site, you agree that the statutes and laws of Arizona, and the United States where applicable, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of our Site, as well as the content and information available through our Site.

Even though our Site may be accessible worldwide, we make no representation that content on our Site is appropriate or available for use in locations outside the United States and accessing our Site from territories where its content is illegal is prohibited. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, content and/or information made in connection with our Site is void where prohibited.

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended using any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy located at: https://coachdecker.com/privacy-policy.

Questions about the Terms of Service should be sent to us at https://coachdecker.com/contact-us/.