CONTACT INFORMATION:
funnymikediscord@gmail.com
www.funnymike.com
INTRODUCTION
Welcome to funnymike.com. This website is owned and operated by FunnyMike. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This terms of service agreement covers funnymike.com. By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information). This agreement is in effect as of August 1st, 2016. We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
RESPONSIBLE USE AND CONDUCT
By visiting our website, accessing and/or purchasing the information, resources, services, products, plans and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines. Wherein, you understand that: a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language; ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party; Iii. Contains any type of unauthorized or unsolicited advertising; Iiii. Impersonates any person or entity, including any roimachines.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of FunnyMike., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
You agree to indemnify and hold harmless FunnyMike and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Any information supplied through the Website or by any employee or agent of the Company, whether by telephone, e-mail, letter, facsimile, or other form of communication, is for educational purposes or general guidance on the use of the Website, and does not constitute medical, legal, tax, accounting, or other professional advice. Health-related information provided through the Website is not a substitute for or constitute medical advice and it is important that medical decisions not be made without the consultation of a healthcare professional. The receipt of any questions or feedback you submit to the Company does not create a professional relationship and does not create any confidentiality privileges beyond those described in our privacy policy. FunnyMike does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.funnymike.com only with permission of a parent or guardian.
PRIVACY
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement.
PAYMENT
You agree to pay, and authorize FunnyMike's third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your payment plan to use our Services or purchase our products. All fees are in US Dollars and are non-refundable except as required by law. FunnyMike is not responsible for charges, bank fees, or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
REFERENCE TRANSACTIONS
A reference transaction is a financial transaction from which subsequent transactions can be derived. PayPal Reference Transactions & Stripe Authorizations are used to make to make subsequent transactions to offer you additional offers at checkout. These offers are optional and you will be provided the option to opt-out of any after purchase offers by clicking the “No Thanks, I won’t see this offer again and I am not interested” option. After adding your payment information at checkout, you agree to allow our payment processor to store an authorization for additional payments as needed. This may include after purchase one-time offers, which you authorize us to charge using your selected payment method upon your acceptance of any additional offers.
MONEY BACK GUARANTEE AND REFUNDS
Refunds are not given because you changed your mind, found the plan unsuitable, did not have access to the required equipment, found the plan confusing, had a technical issue or did not like the plan in general. In other words, refunds are not given if you complete the full program. These terms are without exception and a refund request outside of these requirements will not be processed. You will be required to spend time reading the manuals and formulating your plan, it does require some personalization and time commitment. This refund policy is the standard terms for online, digital products. Unlike physical products, once you have purchased this product you will have instant access to the files and can not return them. Please note this program was developed after years of research and practice, along with over $100,000 in educational fees.
TESTIMONIALS
All Testimonials found on funnymike.com and it’s affiliate sites represent the factual viewpoints of those who submitted them. Testimonialists were in no way coerced or encouraged to leave reviews that do not reflect their actual experiences. In some cases Testimonials whether positive or negative may have been submitted in return for promotional materials.
Some testimonials posted here represent subjective information based on the perception and life experience of those who submitted the testimonial. We at funnymike.com in no way endorse these opinions as fact and encourage you to come up with your own opinion of our products as a direct result of your experiences and not those of another. If you believe that any of the information presented in testimonials found on this site to be false, please bring it to our attention. We strive to present you with the best and most accurate information possible and appreciate your help ensuring that it stays that way.
EXPECTED RESULTS
The experiences of others found on funnymike.com and its affiliate sites in no way reflect a guarantee of results. These testimonials represent individuals success but are in no way an example of the expected result for all individuals. Not all customers will achieve the same results as those found in personal testimonials on roimachines.com, such testimonials are viewed as exceptional successes and not to be mistaken for typical results.
BLOG POSTS AND USER SUBMITTED CONTENT
Information provided to us by others which includes blog posts, before and afters, testimonials, etc, is in no way endorsed as fact or verified by funnymike.com or its affiliate sites. You are encouraged to take this kind of information at face value and understand that these statements often reflect exceptional results and in no way should be accepted as typical or expected results.
GENERAL PROHIBITIONS AND ACCEPTABLE USAGE
You agree that you will not: Access the membership area of the site corresponding to the funnymike.com for any of these purposes:
Attempt to access another member’s account.
Attempt to download content from the site through the use of any software, agent, or device (including spiders, robots, crawlers, data mining tools or the like) other than the material made explicitly available to you via download.
LIMITATION OF WARRANTIES
By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that: i) the use of our Resources will meet your needs or requirements. ii) the use of our Resources will be uninterrupted, timely, secure or free from errors. iii) the information obtained by using our Resources will be accurate or reliable, and iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected. Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. vi) no information or advice, whether expressed, implied, oral or written, obtained by you from FunnyMike or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
LIMITATION OF LIABILITY
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. FunnyMike will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. All information stated on either the Personal Trainer Development Center and the roimachines.com is for informational purposes only and does not constitute medical advise.
COPYRIGHTS/TRADEMARKS
All content and materials available on roimachines.com , including but not limited to text, graphics, website name, code, images and logos are the intellectual property of FunnyMike, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by FunnyMike.
You are granted a non-exclusive, non-transferable, revocable license to access and use funnymike.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FunnyMike that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FunnyMike or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
FunnyMike content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of FunnyMike and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FunnyMike or our licensors except as expressly authorized by these Terms.
TERMINATION OF USE
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. Any refunds issued will result in the revocation of your account access immediately and any files.
GOVERNING LAW
This website is controlled by FunnyMike from our offices located in the state of California, US. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in US, Florida You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
DISPUTES
Any dispute or claim arising from or relating to these Terms or your use of the Service is subject to the binding arbitration, governing law, disclaimer of warranties, limitation of liability and all other terms in the FunnyMike Privacy policy. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
COMPLETE AGREEMENT
These Terms and Conditions and the privacy policy constitute the full agreement between you and FunnyMike.
CONTACT INFORMATION
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: funnymikediscord@gmail.com Last updated December 2020.
TESTIMONIALS
All Testimonials found on funnymike.com and it’s affiliate sites represent the factual viewpoints of those who submitted them. Testimonials were in no way coerced or encouraged to leave reviews that do not reflect their actual experiences. In some cases Testimonials whether positive or negative may have been submitted in return for promotional materials.
Some testimonials posted here represent subjective information based on the perception and life experience of those who submitted the testimonial. We at roimachines.com in no way endorse these opinions as fact and encourage you to come up with your own opinion of our products as a direct result of your experiences and not those of another. If you believe that any of the information presented in testimonials found on this site to be false, please bring it to our attention. We strive to present you with the best and most accurate information possible and appreciate your help ensuring that it stays that way.
EXPECTED RESULTS
The experiences of others found on funnymike.com and its affiliate sites in no way reflect a guarantee of results. These testimonials represent individuals success but are in no way an example of the expected result for all individuals. The products found on funnymike.com and its affiliate sites are backed by science and most users will find improvement if our programs are followed with due diligence. If you have any questions about the scientific basis of any of our products feel free to reach out and we will work to the best of our ability to provide the desired information. Not all customers will achieve the same results as those found in personal testimonials on funnymike.com, such testimonials are viewed as exceptional successes and not to be mistaken for typical results.