Terms and Conditions

ARTICLE I: GENERAL TERMS AND CONDITIONS

Please read these terms and conditions of use carefully. By using this website and mobile application, you indicate that you accept these terms and conditions. If you do not accept these terms and conditions of use, then do not access, view or otherwise use this site. Direct Effect, LLC maintains this website and mobile application for the entertainment of its customers, potential customers, and other interested parties. Your use of this site is subject in all respects to these terms and conditions of use.

1) Copyright and Trademark Advisement:

Unless otherwise indicated, Direct Effect, LLC claims any and all copyrights, and all other relevant intellectual property rights to content published on this site and mobile application. All content published on this site and mobile application is for your own personal and non-commercial use and may not be copied, published or redistributed without prior express, written permission from Direct Effect, LLC. The absence of a product or service name or logo from this list does not constitute a waiver of Direct Effect, LLC’s trademark or other intellectual property rights. By accessing this website and mobile application, you represent and warrant that your use of site content will be consistent with this license and will not infringe or violate the copyrights and/or intellectual property rights applicable to this site and mobile application.

2) Warnings, Representations, and Warranties:

Direct Effect, LLC makes no representations or warranties, either express or implied, that the information found on this website and mobile application is in any way effective or accurate. The information found on Direct Effect, LLC shall not be considered advice or a prescription for physical activity, and you hereby agree to undertake any and all activities discussed, depicted or demonstrated on Direct Effect, LLC at your own risk. You should consult with physician before undertaking any activity discussed, depicted or demonstrated on Direct Effect, LLC. Further, you hereby agree to hold Direct Effect, LLC, its members, employees, and assigns harmless for any and all injuries, either physical or financial, that may result from use of Direct Effect, LLC. Under no circumstances shall Direct Effect, LLC, its members, employees, and assigns be liable for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use this website and mobile application or the information contained on this website and mobile application. Additionally, Direct Effect, LLC makes no representations or warranties that the information found on Direct Effect, LLC or that the products sold on Direct Effect, LLC are appropriate or available or may be used outside of the United States of America. Those who choose to access Direct Effect, LLC or purchase products from Direct Effect, LLC from outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent that such local laws are applicable. Direct Effect, LLC shall not be responsible for your inability to access Direct Effect, LLC or receive products purchased on this website and mobile application if you are outside the United States of America.

3) Links to Third Party Websites:

This website and mobile application may contain links to websites that are not under the control or affiliated with Direct Effect, LLC. These links are provided as a convenience and Direct Effect, LLC is not responsible for the content of any linked website or the actions of those who may have provided the linked website to Direct Effect, LLC. Any website accessed from Direct Effect, LLC is independent from Direct Effect, LLC, and Direct Effect, LLC has no control over the content of that website. Further, a link to a non Direct Effect, LLC website does not imply that Direct Effect, LLC endorses or accepts any responsibility for the content found therein or the use of that website.

4) Enforcement of these Terms and Conditions:

These terms and conditions of use are governed and interpreted pursuant to the laws of the State of Connecticut, in the United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to this Agreement or your use of this site shall be under the jurisdiction of the Connecticut Superior Court for the Judicial District of New Britain and Federal Courts in the District of Connecticut. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Direct Effect, LLC may, at its sole discretion and without notice, revise these terms and conditions of use at any time by updating this posting them to this site.

5) Scope of Agreement:

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of terms and conditions of use to Direct Effect, LLC, as described above. In no event shall any reference to any third party, including but not limited to fully certified instructors and/or Direct Effect, LLC instruction, or third-party product or service be construed as an approval or endorsement by Direct Effect, LLC of that third party or any product or service provided by a third party.

ARTICLE II: MEMBERSHIP TERMS AND CONDITIONS

1) Acceptance:

By signing in the field below, you represent and warrant that you are at least eighteen years of age and agree to be bound by these terms and conditions governing your subscription to Direct Effect, LLC’s subscription-based content. If you are not at least eighteen years of age and/or do not accept the terms and conditions governing the use of this site and its subscription-based content, do not sign in the field below and your transaction will be cancelled.

2) General:

Direct Effect, LLC reserves the right to expand or restrict your access to the content available on this subscription-based website and mobile application at any time and makes no representations or warranties about the frequency with which content will be updated, or that you will be satisfied with the content that is or will be made available in the future. Further, Direct Effect, LLC shall in no case be responsible for your inability to access the subscription-based content on this site and mobile application, and no refunds shall be issued in such an event. You subscribe to this subscription-based website and mobile application at your own risk. By agreeing to these terms and conditions, you agree not to share your login information, or any content found on this subscription-based website and mobile application with any third party. If you share your log in information or any of the content found on this subscription- based website and mobile application with any third party without the express written consent from Direct Effect, LLC, Direct Effect, LLC reserves the right to immediately cancel your membership without a refund, and to pursue any and all remedies available to Direct Effect, LLC under the law.

3) Payment Policy:

All payments of Direct Effect, LLC subscription fees shall be processed via Paypal, Inc. Direct Effect, LLC will only have access to your contact information and shall have no access to your credit card information. You will be billed the amount due at the time of checkout. In the event you choose the subscription plan using the $140 per month billing option, Paypal, Inc will automatically bill the credit card account you provide on the day of the month that you register with the subscription site (the registration day) and on the same day of the month as the day you registered (the registration day) each subsequent month. Failure to pay your subscription fees will result in a suspension or cancellation without refund of your membership to this subscription-based website and mobile application, for any months that are not paid for at the beginning of the billing cycle. Direct Effect, LLC reserves the right to pursue delinquent payments owed by any and all means permissible under the law, including use of a collection agent.

4) Cancellation Policy:

You may cancel your membership to this site and mobile application at any time. If you cancel your subscription your account will be deleted on the registration day of the month following your cancellation (if cancelled on a day subsequent to the registration day) and will be deleted on the month of cancellation (if cancelled on the registration day) provided that payment for that month has not already been processed. If payment for that month has already been processed, you account will be deleted on the registration day of the month following the month of your cancellation. Any failure to pay your subscription will result in the deletion of your account on the first day of the month of your failure to pay. Direct Effect, LLC reserves the right to pursue delinquent payments owed by any and all means permissible under the Laws of the State of Connecticut, including hiring a collection agent.

5) Contact:

Any contact with Direct Effect, LLC must be made in writing and through e-mail to the e-mail address that is included in the contact section of this website.

6) Changes and Notification:

Any and all changes to these terms and conditions may be made at any time but will only be made concurrently or after notice is give through this site.

7) Legal Enforcement of These Terms and Conditions:

These terms and conditions are governed and interpreted pursuant to the laws of the State of Connecticut, in the United States of America, notwithstanding any principles of conflicts of law. All disputes, including arbitration or mediation, arising out of or relating to this Agreement or your use of this site shall be brought in the Connecticut Superior Court, District of New Britain of The United States District Court in the District of Connecticut. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Direct Effect, LLC may, at its sole discretion and with notice, revise these terms and conditions of use at any time by updating this posting them on the site.

8) Entirety of this Agreement:

The agreement included in these terms and conditions is the entire agreement between Direct Effect, LLC and the user and can only be modified by Direct Effect, LLC by updating and posting new Terms and Conditions to the site with notice to the user pursuant to sections 7 and 8 of Article II.