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Terms of service

General

 

OVERVIEW

This website is operated by Maff Fitness USA, LLC. Throughout the site, the terms “we”, “us” and “our” refer to maffetone. maffetone offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our website is hosted on wpengine.com and our store is hosted on Shopify Inc who provide us with the online e-commerce platform. Between them, they allow us to sell our products and services to you.

 

SECTION 1

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

 

SECTION 7

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us.

We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party 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.

 

SECTION 9

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the 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, provincial 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; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall MAFF Fitness Pty Ltd, our directors, officers, employees, affiliates, subsidiaries, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Maff Fitness USA, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Maff Fitness USA, LLC will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Maff Fitness USA, LLC has been expressly advised of the potential loss.

 

SECTION 15

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.

 

SECTION 19

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at burnfat@philmaffetone.com.

MAF (Bioconnected) HR+

 

Introduction

These terms and conditions govern your use of the MAF (BioConnected) App and MAF (BioConnected) Biosensing Sports Earphones Product which you are being granted the right to use.

The MAF (BioConnected) App is provided by MAFF Fitness Pty Ltd (Company, we, us and our).

Use of MAF App

The MAF App can only be used with the MAF Earphones.

In order to use the MAF App, you must become a registered user by completing the sign-up form in the MAF App and agreeing to comply with these terms and conditions.

Once you become a registered user you will be able to use the MAF Earphones and MAF App for the purposes of monitoring aspects of your own health and providing health information to relevant third parties which you nominate.

Before you start using the MAF App and MAF Earphones you should consult a qualified medical professional, particularly if you have a medical or heart condition that may affect your use of the MAF App and MAF Earphones. This is to ensure that you are fully informed about any limits on your ability to use the MAF App and MAF Earphones.

Use of information from MAF App

The information generated through the use of the MAF App is intended for general information purposes only and should not form the basis of a medical diagnosis or treatment plan unless you consult a qualified health professional. We are not responsible for any reliance placed on the information obtained from the MAF App.

Your Responsibilities

You promise us that your registration details are true, accurate and complete when you submit them and that you will keep them up to date.

You are solely responsible for maintaining the security of your account and any use of MAF App that occurs in conjunction with your username and password.

You must comply with any acceptable use or other policy published by us on the MAF App.

You must not:

  • attempt to gain unauthorised access to content through the MAF App;
  • use a false email address, impersonate others or misrepresent your affiliation with others;
  • share your MAF App login details with any other person or use the login details of any other person to access MAF App;
  • interrupt or attempt to negatively impact or alter the operation of the MAF App in any way;
  • use the MAF App or any of the materials made available through the MAF App in a way that violates applicable laws, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
  • or modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re­sell any information, content, software, or materials obtained from or made available through the MAF App, other than in accordance with these terms and conditions or information about yourself which you choose to share on your social media channels.

Availability

We will, to the best of our ability, ensure the MAF App and the cloud version is available for access at all times but are not responsible if you are not able to access the MAF App as a result of (i) us undertaking preventative or remedial maintenance or (ii) as a result of any circumstances beyond our control.

Security

We use a variety of internal technical security measures to protect your Personal Information. You should also take all precautionary measures when using our services to protect your Personal Information.

Emergency Situations

The MAF App and MAF Earphones provide a way for you to monitor certain aspects of your health. Of course, If you are using the MAF Earphones and MAF Apps while exercising and feel unwell you should immediately seek medical attention.

Hyperlinks

The MAF App may from time to time contain links to other websites. These are provided for convenience only. We take no responsibility for the content and maintenance of, or privacy compliance by, any linked site. Any link to another site does not imply our endorsement, support, or sponsorship of the operator of that site nor of the information and/or products which they provide.

Intellectual Property

The copyright to all materials on the MAF App belongs to us.

Confidentiality and Privacy

When you become a registered user of MAF App you will be asked to provide some personal information. This information may be used by us and our contractors in connection with the MAF App.

While we take reasonable steps to preserve the security of your information, please be aware that we cannot guarantee your use of the MAF App will be confidential and we cannot guarantee that any information you provide to us is perfectly secure.

Our Privacy Policy explains how we deal with your personal information that you provide to us or of which we become aware.

Monitoring use of MAF App

We reserve the right to monitor your use of MAF App for the purpose of ensuring that MAF App is functioning as we intended and that you are complying with these terms and conditions.

Disclaimers

Whilst we take all due care in providing MAF App, we do not provide any specific warranty, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose except as we are required to by the law of Australia.

We take all due care in ensuring that the MAF App is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your device which arises in connection with your use of the App or any linked site.

To the extent permitted by the law of Australia, any guarantees, conditions or warranties which would otherwise be implied into these terms and conditions are excluded.

Limitation of Liability

We do not exclude or restrict our liability for any matter which it would be illegal for us to exclude or attempt to exclude our liability. However, We are not responsible for any injury (whether physical or mental) that occurs while you are using the MAF App and/or MAF Earphones.

To the full extent permitted by the law of Australia, our liability for our breach of any guarantee, condition or warranty is limited to the supply of MAF App again or payment of the costs of having MAF App supplied again.

We accept no liability for any loss caused in whole, or in part, by your misuse, abuse or improper application of the MAF App.

We accept no liability for any loss of business opportunities, loss of profit, loss of business information, loss of reputation or goodwill or any other business interruption suffered by you as a result of your use of the MAF App.

Feedback

If you wish to make any comments (good or bad) about the BioConnected App or your experience as a user of the BioConnected App, please do so by submitting a by sending an email to burnfat@philmaffetone.com.

Changes to these Terms and Conditions

We reserve the right to change these terms and conditions at any time. If you use MAF App following any amendment to these terms and conditions you will be taken to have agreed to comply with the terms and conditions as changed.

We will take reasonable steps to let you know about any changes but you should also keep track of whether changes have been made to this policy by referring to the date of publication at the end of this page.

Termination

Your right to use BioConnected App will continue until it is terminated by the Company or you close your account.

We reserve the right to suspend or terminate your right to use the MAF App if, at any time, you breach these terms and conditions.

Notices

Any notice we send to you will be emailed to the email address linked to your registration with MAF App.

General

If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales. You agree to submit to the jurisdiction of the courts in New South Wales.

Published: 2020

MAF Foundations

 

MAF Foundations entry requirements
There are no entry requirements for MAF Foundations.

Self-paced, remote learning
MAF Foundations is conducted in an online classroom. You can complete the course at your own pace, at any time within six (6) months from the date of registration. If you need more time, additional fees may apply.

Support services
While your course of study with MAF is intended to be self-directed, we’re committed to providing reasonable support on a needs basis. For technical or content support, email us at sales@philmaffetone.com with MAF Foundations Support as the subject line.

Cancellations and refunds
The overwhelming majority of MAF customers are very satisfied with their purchases, and we pride ourselves on doing our utmost to ensure this is the case. MAF Foundations comes with a 7-day, no questions asked, money-back guarantee. If you’re not happy with the course for any reason within your first week, email us at sales@philmaffetone.com for a full refund of the purchase price.

We respect and value your feedback, and welcome your suggestions. Beyond the 7-days, if you’re not satisfied for some reason, email us at sales@philmaffetone.com and we’ll look into the matter. Refunds or course registration transfers will be considered on a case-by-case basis.