Terms & Conditions of Service,
1:1 ONLINE COACHING
Subscription, Online Services and Digital Product Policy
December 5, 2023
Digital Product/Online Services Policy
1. Introduction
This policy outlines the rules and guidelines for the return of digital products/online services purchased from Michael Donato Enterprises Inc. It applies to all customers who have purchased digital products/online services from us.
2. Definitions
A “digital product” refers to any non-tangible product that is delivered electronically, including but not limited to software, digital media, online courses/coaching/programs and digital subscriptions. An “online service” refers to any service that is delivered online, including but not limited to online courses, coaching and programs.
3. Returns and Refunds
Due to the nature of digital products and online services, we do not accept returns or provide refunds. Once a digital product/online service has been purchased and delivered, it cannot be returned in the same way a physical product can.
4. Exceptions
Exceptions to this policy will be considered on a case-by-case basis at the sole discretion of Michael Donato Enterprises Inc.. For example, if a customer experiences technical problems with a digital product, we will work with the customer to resolve the issue. If the issue cannot be resolved, a refund may be provided.
5. Customer Support
If you have any questions or concerns about a digital product/online service you have purchased, please contact our customer support team. We are committed to providing high-quality products and will work with you to address any issues.
6. Policy Changes
This policy is subject to change without notice. Customers are encouraged to review this policy regularly to stay informed of any changes.
Effective Date: September 26, 2024
1:1 ONLINE COACHING Subscription
1. Subscription Overview
By purchasing the 1:1 ONLINE COACHING SUBSCRIPTION (subscription periods vary) from Michael Donato Enterprises Inc. (PROVIDER) & MichaelDonatoFitness.com (SITE), you (SUBSCRIBER) agrees to commit to and pay for the entire term of your subscription period. In exchange, the regular monthly price was discounted to the monthly price paid at the time subscription was purchased.
2. Payment Terms
• Automatic Monthly Payments: Payments will be automatically deducted from the Subscriber's chosen payment method on the same day each month, starting from the date of subscription purchase.
• Total Commitment: The Subscriber is committed to paying for the ENTIRE SUBSCRIPTION over the entire subscription period (MONTHLY SUBSCRIPTION PURCHASE PRICE X (# MONTHS).
Binding Agreement: By purchasing this subscription, the Subscriber acknowledges and agrees to these payment terms.
3. No Refunds or Exchanges
• Non-Refundable: This subscription is non-refundable. No refunds or exchanges will be provided for any reason, including but not limited to dissatisfaction with the service, changes in personal circumstances, or failure to utilize the service.
• Binding Agreement: By purchasing this subscription, the Subscriber acknowledges and agrees to this no-refund policy.
4. Subscription Renewal and Cancellation
• Renewal: This subscription does not automatically renew past the subscription period purchased. At the end of the subscription, you will need to manually renew your subscription if you wish to continue receiving services.
• Cancellation: Early cancellation of the subscription is not permitted. The Subscriber is obligated to fulfill the full term commitment, whichever was purchased. The Subscriber acknowledges and agrees that the Subscription is for a set period of time and at a predetermined price, where by the monthly price was calculated based on the entirety of the Subscription term. In the event that the Subscriber wishes to cancel the Subscription prior to the expiration of the agreed-upon term, the Subscriber shall be liable to pay a cancellation fee amounting to fifty percent (50%) of the remaining Subscription contract value. This fee shall be due and payable immediately upon the Subscriber's submission of the cancellation request and prior to the cancellation of the subscription. Upon cancellation of the Subscription by the Subscriber, all services and benefits provided as part of the Subscription shall cease immediately. The Provider shall be fully released from any and all obligations, duties, and responsibilities related to the Subscription, effective upon the date of cancellation. The Subscriber acknowledges and agrees that the cessation of services and the release of the Provider from further obligations are immediate and final upon the cancellation request. The Subscriber further acknowledges that this cancellation fee is a fair and reasonable estimate of the damages incurred by the Provider due to early termination and is not intended to be punitive in nature.
5. Taxes
• Canadian Residents: Applicable taxes will be added to the subscription price for Canadian residents only.
6. Legal Clauses
• Governing Law: This policy and any disputes arising from it shall be governed by and construed in accordance with the laws of Ontario, Canada.
• Severability: If any provision of this policy is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
• Entire Agreement: This policy constitutes the entire agreement between the Subscriber (you) and the Provider (Michael Donato Enterprises Inc. and MichaelDonatoFitness.com) regarding the subscription and supersedes any prior agreements or understandings, whether written or oral.
7. Professional Advice and Medical Disclaimer.
YOU (THE SUBSCRIBER) SHOULD CONSULT THEIR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE PROVIDER'S (MICHAEL DONATO ENTERPRISES INC. AND MICHAELDONATOFITNESS.COM) SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE PROVIDER'S SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE PROVIDER'S SITE OR AVAILABLE THROUGH ANY OF THE PROVIDER'S SERVICES OR MICHAEL DONATO PERSONALLY IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE PROVIDER SERVICE, SITE OR MICHAEL DONATO PERSONALLY AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN CANADA OR THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE PROVIDER'S SITE IS CONTINUALLY UNDER DEVELOPMENT AND PROVIDER MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE PROVIDER'S SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
8. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Michael Donato personally, Michael Donato Enterprises Inc., nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Michael Donato, Michael Donato Enterprises Inc.’s, and its affiliates’ total liability to you shall not exceed $100 Canadian Dollars.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.
9. Acceptance of Policy
By purchasing the 1:1 ONLINE COACHING SUBSCRIPTION, you acknowledge that you have read, understood, and agreed to this Subscription Policy in its entirety.
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Terms & Conditions of Service
LAST UPDATED: December 5, 2023
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING ANY Michael Donato Enterprises Inc. APPLICATIONS, CONTENT OR WEBSITES. Michael Donato Enterprises Inc. (“Michael Donato Enterprises Inc.,” “we,” or “us”) provides digitally accessible fitness services and content. This End User License Agreement and Terms of Service (the “Agreement” or “Terms”) is a binding contract between you, an individual user (“you”) and Michael Donato Enterprises Inc. and governs your use and access of michaeldonatofitness.com (the “Michael Donato Enterprises Inc. Site” or “Site”) and related mobile applications (“Michael Donato Enterprises Inc. Mobile Apps”), desktop and platform applications (collectively “Applications”). The Site and Applications, along with the fitness service and content made available therein are referred to herein as the “Michael Donato Enterprises Inc. Service” or “Service”). By registering as a member or by accessing or using the Michael Donato Enterprises Inc. Service in any way, you accept this Agreement. This Agreement also includes any additional payment terms and other requirements set forth on the download or purchase page of marketplaces through which you may purchase or download Applications or access the Service. These marketplaces may have additional terms, conditions and usage rules that govern your access to and use of the Applications and/or the Michael Donato Enterprises Inc. Service.
Prior to using the Michael Donato Enterprises Inc. Service, it is important for you to know and understand that by accessing and/or using the Service through any means, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. In other words, your use of the Michael Donato Enterprises Inc. Service is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Service or your access and use of the Service. If you have any questions or concerns regarding the terms or conditions herein, please email us at mdonatobusiness@gmail.com.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT ACCESS OR USE THE APPLICATIONS, SITE OR THE Michael Donato Enterprises Inc. SERVICE.
We may amend this Agreement from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message or an email to the email address provided at registration which notifies you of such changes shall constitute reasonable means. Your continued use of the Applications, Site or Service after we post any amendments to this Agreement will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue your access to and use of the Service.
By using the Service, you consent to receiving this Agreement in electronic form.
HEALTH WARNING AND LIABILITY DISCLAIMER:
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE STARTING THIS OR ANY OTHER EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF YOU OR YOUR FAMILY HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED DISCOMFORT WHILE EXERCISING.
NOTHING STATED OR POSTED ON THE Michael Donato Enterprises Inc. SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR PROFESSIONAL ADVICE OR CARE.
YOUR USE OF THE Michael Donato Enterprises Inc. SERVICE IS AT YOUR OWN RISK.
PLEASE READ OUR FULL PROFESSIONAL ADVICE AND MEDICAL DISCLAIMER IN SECTION 3 BELOW BEFORE COMMENCING YOUR USE OF THE SERVICE.
Michael Donato Enterprises Inc. SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM THE USE OF THE Michael Donato Enterprises Inc. SERVICE.
1. Who May Use the Michael Donato Enterprises Inc. Service
AGE REQUIREMENT: You must be at least 18 years old to use the Michael Donato Enterprises Inc. Service.
NOTICE TO PARENTS AND GUARDIANS: You are responsible for monitoring and supervising your child’s use of the Michael Donato Enterprises Inc. Service. If your child is using the Michael Donato Enterprises Inc. Service without your express consent and is under 18, please contact us immediately so that we can disable his or her access. If you have questions about the Michael Donato Enterprises Inc., please contact us at mdonatobusiness@gmail.com.
2. The Service
1. Grant of License. Subject to your compliance with the terms and conditions of this Agreement, Michael Donato Enterprises Inc. grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access and use the most current available versions of the Site, Applications and Service for your lawful, personal and non-commercial use.
2. Available Content. The Service and the content provided therein is available for users of various skill levels, for a variety of activities, and for varying durations. Content may not always be available and is subject to change at any time with or without notice and without any liability to you.
3. Membership. While you may enjoy certain content and features without registering with Michael Donato Enterprises Inc., to receive the full benefits of the Service, you must register as a member by providing a user name, password, valid email address and valid credit card information. You must provide complete and accurate registration information to Michael Donato Enterprises Inc. and notify us if your information changes. In creating a user name, you may not use someone else’s name, a name that violates any third party right, or a name that is obscene or otherwise objectionable.
4. Non-commercial Use. Use of the Site and Service is for personal, non-commercial use only. Members may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting any user to buy or sell any products or services; or (ii) for commercial purposes. Users of the Site may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user without his or her prior explicit consent. Organizations, companies, and/or businesses may not use the Service or the Site for any purpose unless expressly authorized by Michael Donato Enterprises Inc.. If you wish to inquire about possible commercial use, please contact us at mdonatobusiness@gmail.com. Michael Donato Enterprises Inc. may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Site or the Service.
5. Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Michael Donato Enterprises Inc. Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at mdonatobusiness@gmail.com.
3. Professional Advice and Medical Disclaimer.
YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE STARTING THIS OR ANY OTHER EXERCISE OR NUTRITION PROGRAM TO DETERMINE IF IT IS RIGHT FOR YOUR NEEDS. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE THE Michael Donato Enterprises Inc. SERVICE IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN OR SHORTNESS OF BREATH AT ANY TIME WHILE EXERCISING, YOU SHOULD STOP IMMEDIATELY.
THE Michael Donato Enterprises Inc. SERVICE OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY. NOTHING STATED OR POSTED ON THE Michael Donato Enterprises Inc. SITE OR AVAILABLE THROUGH ANY Michael Donato Enterprises Inc. SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH OR NUTRITION CARE, TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE Michael Donato Enterprises Inc. SERVICE AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SERVICE. THE USE OF ANY INFORMATION PROVIDED ON THE SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU ARE IN CANADA OR THE UNITED STATES AND THINK YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
THE Michael Donato Enterprises Inc. SITE IS CONTINUALLY UNDER DEVELOPMENT AND Michael Donato Enterprises Inc. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT GENERAL HEALTH, FITNESS AND ADVICE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE Michael Donato Enterprises Inc. SITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
4. Your Representations and Warranties as a Member
In becoming a Member of Michael Donato Enterprises Inc. with the intent of using the Michael Donato Enterprises Inc. Service, you affirm that either (A) all of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise, including without limitation pregnancy; or (B) your physician has specifically approved of your use of the Michael Donato Enterprises Inc. Service.
5. General Disclaimers
Michael Donato Enterprises Inc. provides the Michael Donato Enterprises Inc. Service on an “as is” and “as available” basis. You therefore use the Michael Donato Enterprises Inc. Service at your own risk.
Michael Donato Enterprises Inc. expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Michael Donato Enterprises Inc. makes no representations or warranties:
• That the Michael Donato Enterprises Inc. Service, or any particular fitness program is suitable for you;
• Regarding the adequacy or safety of the Michael Donato Enterprises Inc. Service for any particular user;
• That the Michael Donato Enterprises Inc. Service will meet your personal needs;
• That the Michael Donato Enterprises Inc. Service will be permitted in your jurisdiction;
• That the Michael Donato Enterprises Inc. Service will be uninterrupted or error-free;
• Concerning any content submitted by any member;
• Concerning any third party’s use of content that you submit;
• That Michael Donato Enterprises Inc. will continue to support any particular feature of the Michael Donato Enterprises Inc. Service; or
• Concerning sites and resources outside of the Michael Donato Enterprises Inc. Service, even if linked to from the Michael Donato Enterprises Inc. Service.
Michael Donato Enterprises Inc. reserves the right to modify the Michael Donato Enterprises Inc. Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Michael Donato Enterprises Inc. Service. Michael Donato Enterprises Inc. has no obligation to screen or monitor any content and does not guarantee that any content made available on the Michael Donato Enterprises Inc. Service complies with this Agreement or is suitable for all users. Michael Donato Enterprises Inc. shall not be responsible for loss or corruption of data, and hereby waives all claims with respect to damage to Your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Michael Donato Enterprises Inc. content on your computer or mobile device, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement. To the extent any disclaimer or limitation of liability in this Agreement does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Michael Donato Enterprises Inc. Service, and no warranties shall apply after such period.
6. Limitation of Liability
To the fullest extent permitted by law: (i) in no event shall Michael Donato Enterprises Inc., nor its affiliates, be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for personal injury, death, loss of livelihood, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, use, and/or any other damages or other intangible losses; and (ii) Michael Donato Enterprises Inc.’s, and its affiliates’ total liability to you shall not exceed $100 Canadian Dollars.
IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO OBTAIN OR ACCESS THE SERVICE, SITE OR APPLICATIONS.
7. Consent to Email
When you become a Member, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Service, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third party partners.
8. Subscription Payments, Cancellation; Term and Termination; Account Deletion
Refer to 1:1 Online Coaching Subscription Policy
9. Community Guidelines; User Content
Michael Donato Enterprises Inc. offers you the ability to submit or post User Content through the Service, including through social features available within our mobile applications, provided such submission or transmission of User Content is in strict compliance with these terms. For the purposes of this Agreement, “User Content” means video, images, text, comments, audio recordings and other content, that you upload, post or transmit (collectively “submit”) to the Service.
1. Guidelines. Michael Donato Enterprises Inc. gives you the ability to submit User Content in order to create a community experience where our users can encourage, support and motivate one other.
You agree to follow these guidelines when submitting User Content:
SUPPORT — For any support related questions or issues that require help beyond what we can offer in this Agreement, please contact our Customer Support team at mdonatobusiness@gmail.com for the fastest response.
R-E-S-P-E-C-T — Please be respectful and courteous to the members of this group.
FEEDBACK — We welcome constructive feedback (both positive and negative) on your Michael Donato Enterprises Inc. experience and ask that you contact us directly at mdonatobusiness@gmail.com so that we can be sure we hear your thoughts on our Service and strive to improve.
REPORTING POSTS — If you notice any User Content that you believe to be in violation of this Agreement, or spam, report it to the administrators at mdonatobusiness@gmail.com.
1. Restrictions. You may not submit any User Content that: * Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.); * Contains sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); * Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group; * Advocates harassment or intimidation of another person; * Exploits minors; * Depicts unlawful acts or extreme violence; * Contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian); * Depicts animal cruelty or extreme violence towards animals; or * Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices.
2. User Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all User Content. However, Michael Donato Enterprises Inc. has the right (but not the obligation) to monitor your conduct and User Content submission on our Service and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your submission of any User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, remove, disallow, block or delete any User Content. Under no circumstances will Michael Donato Enterprises Inc. be liable for any of your User Content. You shall be solely responsible for any User Content submitted through your account.
We may access, preserve or disclose any of your information or User Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this Agreement; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of Michael Donato Enterprises Inc., its users, or members of the public or (v) to report a crime or other offensive behavior.
1. Objectionable Content. Michael Donato Enterprises Inc. may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at Michael Donato Enterprises Inc.’s sole discretion. “Objectionable Content” includes, but is not limited to: 1. User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous, 2. User Content that is hateful, or advocates hate crimes, harm or violence against a person or group, 3. User Content that may harm minors in any way; 4. User Content that has the goal or effect of “stalking” or otherwise harassing another 5. Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another’s privacy; 6. User Content that is vulgar, offensive, obscene or pornographic, 7. Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; 8. Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
2. Social Features. Michael Donato Enterprises Inc. may provide opportunities for you to submit User Content through social features on its Site or through its mobile applications. These are intended to be a community-based venue for Michael Donato Enterprises Inc. users to chat, interact, motivate and support one another.
3. As between you and Michael Donato Enterprises Inc., you own all User Content that you submit to the Michael Donato Enterprises Inc. Service, whether directly via the Michael Donato Enterprises Inc. Service or indirectly (for example, via Facebook or Twitter). However, it is important that you understand that by posting User Content to Michael Donato Enterprises Inc., you are granting Michael Donato Enterprises Inc. and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your User Content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” or “performance rights” in your User Content.
4. You further grant all users of the Michael Donato Enterprises Inc. Service permission to view your User Content for their personal, non-commercial purposes. If you make suggestions to Michael Donato Enterprises Inc. on improving or adding new features to the Michael Donato Enterprises Inc. Service, Michael Donato Enterprises Inc. shall have the right to use your suggestions without any compensation to you.
5. For each piece of User Content that you submit, you represent and warrant that: (i) you have the right to submit the User Content to Michael Donato Enterprises Inc. and grant the licenses set forth above; (ii) Michael Donato Enterprises Inc. will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the User Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the User Content complies with this Agreement and all applicable laws.
10. Code of Conduct and Prohibited Activities
In using the Michael Donato Enterprises Inc. Service, you must behave in a civil and respectful manner at all times. Further, you will not and it is strictly prohibited to:
• Act in a deceptive manner by, among other things, impersonating any person;
• Harass or stalk any other person;
• Harm or exploit minors;
• Distribute “spam”;
• Promote information that is false or misleading, or promote illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
• “frame” or “mirror” any part of the Service or the Site;
• use meta tags or code or other devices containing any reference to Michael Donato Enterprises Inc., the Site or the Service (or any trademark, trade name, service mark, logo or slogan of Michael Donato Enterprises Inc.) to direct any person to any other website for any purpose;
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Site or any software used on or for the Service or the Site, or cause others to do so;
• post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Site or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• Collect information about others;
• Advertise or solicit others to purchase any product or service within the Michael Donato Enterprises Inc. Site;
• Promote fraudulent schemes, multi level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures;
• Publicize or promote commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• Participate in any activity that in any way violates any law; or
• Access or use the Site and Service (including any Add-on Service or application available through a mobile or set-top device) from the European Economic Area.
Michael Donato Enterprises Inc. reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this Agreement, including removing the offending communication from the Site or Service and terminating or suspending the membership of such violators.
Your use of the Site and Service must comply with all applicable laws and regulations. You agree that Michael Donato Enterprises Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Site in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
11. Indemnification
You agree to indemnify, defend, and hold harmless Michael Donato Enterprises Inc. and its affiliates, directors, officers, employees, and agents, from and against any liability, claims, damages, losses and costs (including reasonable attorney’s fees) that: (i) arise from your activities on the Michael Donato Enterprises Inc. Service; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to Michael Donato Enterprises Inc. violates any law or infringes any personal right or third party right, including any intellectual property or privacy right. Michael Donato Enterprises Inc. reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Michael Donato Enterprises Inc. in connection therewith.
12. License to Use the Michael Donato Enterprises Inc. Service
LICENSE: Michael Donato Enterprises Inc. grants you a limited, non-exclusive license to access and use the Michael Donato Enterprises Inc. Service for your own personal, non-commercial purposes. This includes the right to view content available on the Michael Donato Enterprises Inc. Service. This license is personal to you and may not be assigned or sublicensed to anyone else.
RESTRICTIONS: Except as expressly permitted by Michael Donato Enterprises Inc. in writing, you will not reproduce, redistribute, publicly display, sell, create derivative works from, decompile, reverse engineer, or disassemble the Michael Donato Enterprises Inc. Service. Nor will you take any measures to interfere with or damage the Michael Donato Enterprises Inc. Service. All rights not expressly granted by Michael Donato Enterprises Inc. are reserved.
MOBILE DEVICES, APPLICATIONS AND SET-TOP BOXES/EXTERNAL DEVICES: These Terms of Service, and all of the provisions herein, also govern the use of our mobile, desktop and set-top devices and related applications (for example, iOS devices, Android devices, Roku, Apple TV and other such devices and their corresponding apps).
Your use of the Michael Donato Enterprises Inc. Service through any applications or device constitutes your agreement to be bound by these Terms.
Any Michael Donato Enterprises Inc. application, regardless of the manner and means in which it is downloaded (for example the Apple AppStore, Google Play Store, your console’s app store, etc.) is licensed, not sold, to You for use only under these Terms. We, the licensor, Michael Donato Enterprises Inc., Inc. (Application Provider) reserve all rights not expressly granted to You.
Accordingly, if you download the Michael Donato Enterprises Inc. Application, you will be: * installing a software program on your product in the form of an application; * entering into this contract with Michael Donato Enterprises Inc., Inc. governing your use of the application.
13. Third Party Links and Content
Certain links on the Michael Donato Enterprises Inc. Sites and/or the Michael Donato Enterprises Inc. Service may let you leave the particular Michael Donato Enterprises Inc. Site or Michael Donato Enterprises Inc. Service you are accessing in order to access a linked site (the “Linked Sites”). When you are linking to a third party site, it is important to know that Michael Donato Enterprises Inc. does not control these sites, nor has Michael Donato Enterprises Inc. reviewed or approved the content which appears on the linked sites. Michael Donato Enterprises Inc. is not responsible for the legality, accuracy or nature of any content, advertising, products or other materials on or available from any linked sites, or the conduct of such linked sites. You acknowledge and agree that Michael Donato Enterprises Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, content, goods or services available on or through the linked sites.
Dealings with Third Parties.
More specifically, your participation, correspondence or business dealings with any third party found on or through the Michael Donato Enterprises Inc. Sites and Service (i.e., a linked site), regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Michael Donato Enterprises Inc. shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
14. Intellectual Property
You acknowledge that the Michael Donato Enterprises Inc. Site and Services contain software, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, “Content”) that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Michael Donato Enterprises Inc.-generated content and content developed for Michael Donato Enterprises Inc. by its partners and licensors is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, Michael Donato Enterprises Inc. owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Michael Donato Enterprises Inc. Site. Subject to your compliance with this Agreement, and solely for so long as you are permitted by us to access and use the Services, you may download one copy of the application (but never the Content) to any single computer or device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices, and are in compliance with this Agreement. Unless otherwise specified, modification of the Content or use of the Content for any other purpose, including use of any such Content on any other website or networked computer environment is strictly prohibited.
The Michael Donato Enterprises Inc. name, logos and affiliated applications and technologies are the exclusive property of Michael Donato Enterprises Inc., Inc. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
Michael Donato Enterprises Inc. owns and retains all proprietary rights in the Site and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
15. Copyright
Michael Donato Enterprises Inc. respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Michael Donato Enterprises Inc. Site do not infringe any third party copyright.
Michael Donato Enterprises Inc. will promptly remove materials from the Michael Donato Enterprises Inc. Site in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Michael Donato Enterprises Inc. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
16. General Provisions
WEBSITE TERMS OF USE
Acceptance of Terms: By accessing and using the website of Michael Donato Enterprises Inc. (the “Company”), you accept and agree to be bound by the terms and provision of this agreement.
Use of the Site: The Company grants you a limited license to access and make personal use of this site and not to download or modify it, or any portion of it, except with express written consent of the Company.
Intellectual Property: All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws.
User Conduct: You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.
Disclaimer of Warranties and Limitation of Liability: This site is provided by the Company on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
Applicable Law: By visiting the Company’s website, you agree that the laws of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company.
Changes to the Terms: The Company reserves the right to amend these Terms of Use at any time. Your continued use of the Site after any changes are posted will be considered acceptance of those changes.
Contact Information: If you have any questions about these Terms, please contact us at mdonatobusiness@gmail.com.
ARBITRATION AND GOVERNING LAW: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Site shall be BINDING ARBITRATION administered by The International Centre for Dispute Resolution Canada (ICDR® Canada) . You may not under any circumstances commence or maintain against Michael Donato Enterprises Inc. or its affiliates any class action, class arbitration, or other representative action or proceeding.
By using the Site or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Michael Donato Enterprises Inc. or its affiliates (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Michael Donato Enterprises Inc. (except for small-claims court actions) may be commenced only in the federal or provincial courts located in Toronto, Ontario. You hereby irrevocably consent to the jurisdiction of those courts for such purposes and you irrevocably waive any right to a trial by jury.
This Agreement, and any dispute between you and Michael Donato Enterprises Inc., shall be governed by the laws of the province of Ontario without regard to principles of conflicts of law.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by Michael Donato Enterprises Inc. in exercising any right hereunder will waive any further exercise of that right. Michael Donato Enterprises Inc.’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Michael Donato Enterprises Inc.’s prior written consent. No third party shall have any rights hereunder.
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Michael Donato Enterprises Inc. electronically. Michael Donato Enterprises Inc. may provide all such communications by email or by posting them on the Michael Donato Enterprises Inc. Service. For support-related inquiries, you may send an email to mdonatobusiness@gmail.com.
Nothing herein shall limit Michael Donato Enterprises Inc.’s right to object to subpoenas, claims, or other demands.
MODIFICATION: This Agreement may not be modified except by a revised Terms of Service posted by Michael Donato Enterprises Inc. on the Michael Donato Enterprises Inc. Site or a written amendment signed by an authorized representative of Michael Donato Enterprises Inc.. A revised Terms of Service will be effective as of the date it is posted on the Michael Donato Enterprises Inc. Site.