These terms and conditions (the “Terms and Conditions”) govern the use of www.thisguydan.com (the “Site”). This Site is owned and operated by Daniel Wolocko. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of Daniel Wolocko and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

Age Restrictions
The minimum age to use our Site is 18 years old. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

– Harass or mistreat other users of our Site;
– Violate the rights of other users of our Site;
– Violate the intellectual property rights of the Site owners or any third party to the Site;
– Hack into the account of another user of the Site;
– Act in any way that could be considered fraudulent; or
– Post any material that may be deemed inappropriate or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:
1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site. 

The following goods are available on our Site:

– Continuing education courses; and
– Monthly subscriptions.

The following services are available on our Site:
– Monthly subscriptions;
– Continuing education courses;
– Performance Training; and
– Seminars

The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription. To cancel your subscription, please follow these steps: 

Cancellation Policy
Thank you for choosing our online subscription service. We understand that circumstances may change, and you may need to cancel your subscription. Please review our cancellation policy below for
information on the cancellation process:

Cancellation Period:
You may cancel your subscription at any time during the subscription period. There is no minimum commitment period, and you have the flexibility to cancel whenever you wish. Cancellations must be submitted 48 hours before the subscription renews. Otherwise, you may be charged for the upcoming period. 

Cancellation Methods:
To cancel your subscription, please log into your account on our website and navigate to the “Account Settings” section. You will find an option to cancel your subscription. Alternatively, you may contact our customer support team via email or phone, and they will assist you in canceling your subscription. If you contact the support team for cancellation, please make sure you receive a cancellation confirmation email. If you do not receive this email, you subscription may not have been canceled and you may be charged. 

Auto-Renewal:
Our subscriptions are set to auto-renew by default. This means that unless you cancel your subscription 48 hours before the renewal date, your subscription will automatically be extended for the next billing cycle. Auto-renewal ensures uninterrupted access to our service and convenience for our subscribers.

One-Time Course Purchases:
Those who purchase a course will have access to the course for one year from purchase date. After one year, you will be able to purchase another year for a minimal fee. If you choose not to purchase this additional access, you will no longer have access to the purchased course. 

Refunds and Prorated Charges:

Due to the digital nature of this service, we do not offer refunds. We do not provide refunds or prorate charges for unused portions of a subscription or course. 

Confirmation and Communication:
Upon cancellation, you will receive a confirmation email or notification stating that your subscription has been canceled. This serves as proof of your cancellation request. If you do not receive confirmation within a reasonable time, please contact our customer support to ensure that your cancellation has been processed.

Access to Content:
After canceling your subscription, you will retain access to the subscription content until the end of the current billing cycle. Once the cycle expires, you will no longer have access to the subscription-specific features or content.

Please note that this cancellation policy applies specifically to our online subscription service. If you have any questions or require further assistance regarding the cancellation process, please don’t hesitate to reach out to our customer support team. We value your feedback and appreciate your understanding of our cancellation policy.

Payments
We accept the following payment methods on our Site:
– Credit Card;
– Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you
authorize us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Copyright Clause

“This Guy Dans” owns and operates the online membership and course site (“Site”), including all the content and materials provided within the Site. All content and materials on this Site, including but not limited to text, graphics, images, videos, audio recordings, and any other materials, are protected by copyright laws and international treaties.

1. User’s Limited License: By accessing the Site and becoming a member or user (“User”), the User is granted a limited, non-exclusive, non-transferable license to access and use the content and materials provided on the Site solely for personal, non-commercial purposes. This license does not grant the User the right to modify, reproduce, distribute, publicly display, perform, or create derivative works from the Site’s content and materials without the explicit written consent of the Company.
2. Prohibited Uses: Users are strictly prohibited from engaging in any activities that infringe upon the Company’s copyright or other proprietary rights or violate applicable laws. Prohibited uses include but are not limited to:
   1. Copying, distributing, or sharing copyrighted materials without authorization. b. Selling, sublicensing, or leasing access to the Site or its content. c. Reverse engineering, decompiling, or otherwise attempting to extract the source code of the Site or any of its components. d. Removing copyright notices, watermarks, or other proprietary identifiers from the Site’s content.
3. User-Generated Content: Users may have the opportunity to submit their content, such as comments, reviews, or assignments, on the Site (“User-Generated Content”). By submitting User-Generated Content, the User grants the Company a worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, modify, reproduce, adapt, publish, translate, distribute, publicly display, and perform the User-Generated Content in any medium or format.
4. DMCA Compliance: The Company respects the intellectual property rights of others. If a User believes that their copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, the User should notify the Company promptly following the procedures outlined in the Digital Millennium Copyright Act (DMCA).
5. Termination of Access: The Company reserves the right to terminate access to the Site, without notice, for Users who violate copyright laws or this copyright clause.
6. Copyright Infringement Claims: If you believe that any content on the Site infringes upon your copyright, please contact us at [Your contact email]. We will respond to notices of alleged copyright infringement in accordance with applicable laws.

Consumer Protection Law

Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
Daniel Wolocko and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Daniel Wolocko and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims,
losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Michigan.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions.

Disclaimer

This is a personal Web site. Statements do not represent the views or policies of my employer, past or present.

This website is intended for ADULTS ONLY, ages 18 and older. Its services are designed to provide education and advice for Adults to help in their provision of care for themselves and others they provide for.

Please read the following disclaimer carefully before using our online educational services or accessing the content on our website. By using our physical therapy and educational services or accessing our website, you agree to the terms and conditions outlined in this disclaimer.

1. No Professional Relationship: The content provided on our website and through our online physical therapy and education services is for informational purposes only. It does not constitute a professional relationship between the user and the physical therapist(s) associated with this website. The information provided should not be considered as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified healthcare professional before starting any physical therapy program or relying on any information obtained from our website.
2. Limitation of Liability: The physical therapist(s) associated with this website shall not be held liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with the use of our website or online physical therapy services. This includes, but is not limited to, any errors or omissions in the content, loss or damage to data, or any technical issues that may arise while using our services.
3. Third-Party Websites and Content: Our website may contain links to third-party websites or content that is not under our control. We are not responsible for the accuracy, completeness, or reliability of any information, products, or services provided by such third parties. The inclusion of any links does not imply endorsement or association with those third parties.
4. User Responsibility: Users of our website and online physical therapy services are solely responsible for their own actions and the consequences that may result from those actions. It is the user’s responsibility to ensure that any exercises or treatments they perform are appropriate for their individual needs and physical condition. We recommend consulting with a healthcare professional before attempting any exercises or treatments found on our website.
5. Intellectual Property: All content, including text, images, videos, and other materials provided on our website, is protected by copyright laws and intellectual property rights. Users may not reproduce, distribute, modify, or create derivative works from any part of our website without prior written consent from the physical therapist(s) associated with this website.
6. Changes to the Disclaimer: We reserve the right to modify or update this disclaimer at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is the user’s responsibility to review this disclaimer periodically to stay informed about any updates.

By using our website or accessing our online physical therapy services, you acknowledge that you have read, understood, and agreed to the terms and conditions of this disclaimer. If you do not agree with any part of this disclaimer, please refrain from using our website or accessing our online services.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

[email protected]
You can also contact us through the feedback form available on our Site.

Effective Date: 1st day of August, 2023