Subconcussive Consult, LLC
Program Terms and Conditions
1. Overview
These program terms and conditions (“Terms”) are a contract entered into between you (“you” and “your”) and Subconcussive Consult, LLC (“Subconcussive Consult” or “we”). The Terms govern your access to and use of the Subconcussive Consult training program and the associated training program website at courses.subconcussiveconsult.com including any content, functionality and services offered on or through it (the “Program”).
By using the Program or by clicking the “Buy now” button on Teachable’s platform when signing up for the Program, you agree that you are bound by these Terms and will abide by them. Subconcussive Consult may terminate your ability to use the Program without notice if you do not comply with these Terms. If you do not agree to these Terms, you must not access or use the Program. Your use of the website at https://subconcussiveconsult.com/ that does not involve the Program is subject to the separate website Terms of Use here.
The Program is an interactive course and coaching system designed to help individuals maintain a high level of situational awareness in the extreme and unpredictable environments in which they perform. The Program is designed to maximize performance with a focus on reaction time, speed, balance, control, precision, target acquisition, and target following, while simultaneously experiencing complex surroundings. The Program may include in person training, resources, videos, and other materials.
Subconcussive Consult reserves the right to make changes to the Program and to the Terms at any time. All changes are effective immediately when posted. Your continued use of the Program following the posting of the revised Terms means that you accept and agree to the changes.
All Information that Subconcussive Consult collects through the Program is subject to our Privacy Notice posted at the site here. By using the Program, you consent to all actions taken by us with respect to your Information in compliance with the Privacy Notice. The Privacy Notice is incorporated into and governed by these Terms. To the extent there is a conflict, the Terms supersede the Privacy Notice. Terms like “Information” that are in these Terms but not defined here are defined in the Privacy Notice.
2. Eligibility
You represent that you are at least 18 years of age and have the legal authority to enter into these Terms.
3. Fees
Fees are due prior to your use of the Program. You are solely responsible for all fees associated with your use of the Program and for any and all duties, taxes, levies or fees (including sales, use, or withholding taxes) imposed by any authority on you by virtue of your transactions through the Program.
Payments are nonrefundable, and no credits will be given for any reason including partial or incomplete use. We reserve the right, in our sole discretion, to provide refunds, discounts, or credits on one or more instances without obligation to do so in the future.
4. Account Registration
To access the Program, you may be asked to provide certain registration details or other Personal Information including your name and email address. You represent that all the Information you provide though the Program is correct, current, and complete.
5. Use and Protection of Login Credentials
You are responsible for maintaining the confidentiality of your user name and password (“Login Credentials”), if applicable. You are responsible for all uses of your account and Login Credentials, whether or not authorized by you. You agree to notify Subconcussive Consult immediately of any unauthorized access to or use of your account or Login Credentials or any other breach of security. Subconcussive Consult reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in Subconcussive Consult’s opinion, you have violated any provision of these Terms[ 4] . Using the account of another person in any capacity will be considered a breach of these Terms.
6. Assignment
Subconcussive Consult may assign these Terms and all rights and obligations under it to a third party. You may not assign these Terms or sublicense rights under it without the advance written approval of Subconcussive Consult.
7. Intellectual Property
The Program and its entire contents, material, data, features and functionality (including but not limited to text, graphics, video, logos, button icons, databases and images) (“Program Content”) are the property of Subconcussive Consult or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below.
The Subconcussive Consult name and related logos are trademarks and service marks (“Marks”) of Subconcussive Consult. Subconcussive Consult's Marks may not be used without advance written permission of Subconcussive Consult, including in connection with any product or service that is not Subconcussive Consult's, in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents Subconcussive Consult. Other products or company names mentioned through the Program may be trademarks or service marks of their respective owners.
If you believe that any content of the Program violates your intellectual property rights, please notify Subconcussive Consult as described in Section 22.
8. User Contribution
The Site contains sections that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials, such as comments, reviews, etc. (“User Contributions”) on or through the Site. All User Contributions must comply with the content standards set out below.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their licensees, successors, and assigns.
● All of your User Contributions do and will comply with these Terms of Use.
● You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Subconcussive Consult, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
9. Copyright Complaints; Digital Millennium Copyright Act
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”).
Our designated copyright agent to receive DMCA Notices is:
Dani Fennerty
Subconcussive Consult, LLC
2003 S 216th St.
PO box #98244
Des Moines, WA 98198
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may locate it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
We may, at our sole discretion, limit access to the services and/or terminate the account of any user who infringes any intellectual property rights of others.
10. Limited License And Prohibited Uses
Subconcussive Consult grants you a personal, royalty-free, non-assignable, and non-exclusive license to access and use the Program as an informative resource while using the Program. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Program Content without prior permission of Subconcussive Consult is strictly prohibited. You may not download, print, copy, distribute, or otherwise use Program Content for commercial purposes, including publication, sale, or personal gain. You may not remove any Mark or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Program Content.
You may use the Program only for lawful purposes and in accordance with these Terms. You agree that you will not:
● Use the Program in any way that violates any applicable federal, state, local or international law or regulation.
● Use the Program for the purpose of exploiting, harming or attempting to exploit or harm anyone in any way.
● Send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
● Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
● Impersonate or attempt to impersonate Subconcussive Consult, a Subconcussive Consult employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
● Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Program, or which, as determined by Subconcussive Consult, may harm Subconcussive Consult or users of the Program or expose them to liability.
● Use any robot, spider or other automatic device, process or means to access the Program for any purpose, including monitoring or copying any of the Program material.
● Use any manual process to monitor or copy any of the Program materials or for any other unauthorized purpose without Subconcussive Consult’s prior written consent.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Program, the server on which the Program is stored, or any server, computer or database connected to the Program.
● Otherwise attempt to interfere with the proper working of the Program.
11. Disclaimer of Warranties
WHILE SUBCONCUSSIVE CONSULT ATTEMPTS TO PRESENT ACCURATE INFORMATION THROUGH THE PROGRAM, THE PROGRAM IS PROVIDED ON AN “AS-IS” BASIS. SUBCONCUSSIVE CONSULT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PROGRAM, THE OPERATION OR CONTENT OF THE PROGRAM OR ANY OTHER SITE TO WHICH IT IS LINKED. TO THE EXTENT PERMITTED BY LAW, SUBCONCUSSIVE CONSULT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTIES OF NON-INFRINGEMENT OF ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
12. Limitation of Liability
YOU EXPRESSLY AGREE THAT YOUR DECISION TO PARTICIPATE IN THE PROGRAM IS MADE ENTIRELY AT YOUR OWN RISK. SUBCONCUSSIVE CONSULT DOES NOT PROVIDE PATIENT TREATMENT OR GUIDANCE REGARDING PHYSICAL THERAPY. CONSULT A MEDICAL PROFESSIONAL TO DETERMINE WHETHER ANY OF THE PROGRAM ACTIVITIES ARE APPROPRIATE FOR YOU.
SUBCONCUSSIVE CONSULT, ITS DIRECTORS, AND ITS EMPLOYEES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PROGRAM, ANY THIRD PARTY INFORMATION CONTAINED IN THE PROGRAM, OR LINKS TO WHICH IT PROVIDES LINKS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS IS TO STOP USING THE PROGRAM. FROM TIME TO TIME, SUBCONCUSSIVE CONSULT MAY RESTRICT YOUR ACCESS TO SOME PARTS OF THE PROGRAM, OR THE ENTIRE PROGRAM, FOR ANY REASON. SUBCONCUSSIVE CONSULT WILL NOT BE LIABLE FOR ANY REASON IF ALL OR ANY PART OF THE PROGRAM IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.
SUBCONCUSSIVE CONSULT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS BASED ON YOUR PARTICIPATION IN THE PROGRAM. SUBCONCUSSIVE CONSULT IS NOT RESPONSIBLE FOR ANY OUTCOME OF YOUR USE OF THE METHODS INTRODUCED TO YOU THROUGH THE PROGRAM.
SUBCONCUSSIVE CONSULT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM OR USE OF THE PROGRAM CONTENT, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $100.
13. Links To Other Web Sites
Subconcussive Consult may provide links to external web sites for the convenience of Program participants. The inclusion of an external link on the Program site does not constitute or imply support or endorsement of any kind. Subconcussive Consult does not control those web sites, is not responsible for their content or function, and is not responsible for any loss or damage that may arise from your use of them. If you decide to access the third party sites linked from the Program, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policies for such sites.
14. Indemnification
You agree to defend, indemnify, and hold harmless Subconcussive Consult, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your participation in the Program, or your use of the Program Content, including, but not limited to, your content, any use of the Program services and products, other than as expressly authorized in these Terms, or your use of any information obtained from the Program.
15. Limitation On Time To File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PROGRAM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16. Injunctive Relief
You agree that a breach of these Terms will cause irreparable injury to Subconcussive Consult for which monetary damages would not be an adequate remedy, and Subconcussive Consult shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security or prove damages.
17. Waiver And Severability
No waiver by Subconcussive Consult of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Subconcussive Consult to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
18. Entire Agreement
The Terms and our Privacy Notice constitute the sole and entire agreement between you and Subconcussive Consult with respect to the Program and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Program.
19. Applicable Law, Binding Arbitration, and Class Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
Any controversy or claim arising out of or relating to this agreement, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Seattle, Washington and conducted by an arbitrator that possesses such experience in, and knowledge of, the subject area of the controversy or claim so as to qualify as an “expert” with respect to such subject matter.
If either party employs attorneys to enforce any rights in connection with any such dispute or lawsuit the substantially-prevailing party shall be entitled to recover reasonable attorneys' fees.
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
The laws of the State of Washington will govern these Terms and any disputes under them, without giving effect to any principles of conflicts of laws.
20. Term and Termination of License
These Terms will remain in full force and effect while you participate in the Program. After you complete the Program, the following sections of these Terms will remain in force: 1-3, 5-7, 9, 11, 12, and 14-22, in addition to any other provisions that by their nature are intended to survive.
21. Notices
All notices, requests, consents, claims, demands, waivers, and other communications (each, a “Notice”) must be in writing and addressed to the parties as follows.
If to Subconcussive Consult:
Subconcussive Consult, LLC
ATTN: LEGAL DEPARTMENT
4146B 25th Ave SW
Seattle, WA 98106.
If to you, Subconcussive Consult may send notices to the physical address that Subconcussive Consult has on file or use other contact information that Subconcussive Consult has.
All Notices to Subconcussive must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (1) the earlier of receipt by the receiving Party or three days after Notice is sent; and (2) if the Party giving the Notice has complied with the requirements of this Section.
22. Communications and Contact Information
Subconcussive Consult may contact you regarding these Terms or the Privacy Notice using any Information you provide, or by any other means if you do not provide contact information. If you no longer wish to receive communications from Subconcussive Consult, you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].
For all other feedback, comments, requests for technical support, and other communications relating to the Program, these Terms, and the Privacy Notice, please contact us at [email protected] or by mail at:
Subconcussive Consult, LLC
ATTN: LEGAL DEPARTMENT
4146B 25th Ave SW
Seattle, WA 98106.
EFFECTIVE DATE: December 21, 2020