IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT USE THE SERVICE OR ANY OF THE SERVICES, CONTENT, FEATURES, OR FUNCTIONALITY AVAILABLE THROUGH IT. BY ACCESSING OR USING THE SERVICE OR ANY OF THE AVAILABLE SERVICES, CONTENT, FEATURES, OR FUNCTIONALITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO CONSENT TO THESE TERMS IN THEIR ENTIRETY AND YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND FULLY ACCEPT AND AGREE TO ALL OF THESE TERMS. PLEASE PRINT AND KEEP A PAPER COPY AND/OR RETAIN AN ELECTRONIC COPY OF THESE TERMS FOR YOUR RECORDS.
The Potent Performance website and services offered by Potent Performance, including all websites, platforms, and other interactive platforms through which such services are delivered (collectively, the “Service”), are owned, operated, and distributed by and on behalf of Potent Performance. (“Potent Performance,” “we,” “us,” or “our”). By accessing any part of the Service, you are agreeing to the Terms. If you do not agree to any of the Terms, you should not use the Service. These Terms and Conditions apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Potent Performance. For purposes of these Terms, all references to “directors” and “participants” herein refer to those respective roles as defined by the Service. All users of the Service may be referred to herein as “you,” “athlete,” “team,” “leader,” “business owner.”
We may, at our sole discretion, modify these Terms at any time by posting a new version of these Terms on our website and updating the “Updated” date at the bottom of the page. By accessing the Service at any time after such modifications, you are agreeing to such modifications. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice. You agree that by registering, accessing, or using the Service, you are agreeing to the Terms as a legally binding contract with us. If you do not agree to these Terms, do not register for, access, or otherwise use the Service.
We Guarantee results*
Potent Performance offers a results guarantee based on the energetic transformation of individuals and how they feel, rather than specific individual or team outcomes. While we are committed to enhancing your overall performance and well-being, we cannot be held responsible for the specific results achieved by you or your team. Our focus is on fostering a positive shift in your energy and mindset, which serves as the foundation for your personal and professional growth.
Service Payment
Potent Performance requires full cash payment upfront before the commencement of services. This ensures a commitment to the process and allows us to provide you with the highest level of support and dedication to your energetic transformation and overall well-being.
Refund and Cancellations
Potent Performance is results and partnership-driven. We offer a full money-back guarantee up to 21 days post the commencement of the service. If you are not satisfied with the energetic transformation and support provided, you may request a full refund within this period.
Accounts, Passwords and Security
If the Service requires you to open or register an account, you must complete the registration process by providing us with current, complete, and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to us which is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access and use of the Service. As part of the registration process, you may be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify us immediately of any unauthorised use of your account or any other breach of security. Neither we nor our partners will be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by us, our partners, or another party due to someone else using your account or password.
Copyright, Licenses and User Submissions
As between you and Potent Performance, Potent Performance is the sole and exclusive owner of the Service and all intellectual property rights therein. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE SERVICE OR ANY CONTENT THEREIN, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use, provided that you do not change or delete any copyright or proprietary notices from the materials, and do not share any material that you paid for with anyone else. Any other use of the Service not permitted by these Terms is strictly prohibited.
Content submitted by users for inclusion on the Service, feedback about the Service, and any information submitted on message boards or other public areas of the Service are referred to in these Terms as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms. Potent Performance does not guarantee any confidentiality with respect to a User Submission, regardless of whether it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorise Potent Performance to use the User Submissions in the manner contemplated by the Service and these Terms.
By submitting or posting User Submissions on or through the Service, you grant us a worldwide, non-exclusive, sub-licensable, transferrable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute the User Submissions in any and all media or distribution methods (existing now or later developed). This includes making User Submissions available to other companies, organisations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your User Submissions for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You also agree to all such uses of your content with no compensation paid to you.
We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we have the right at our sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, offensive, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, whether it is your own or another user’s.
Rules for Use of Service
When you sign up for the Service, you agree to the following terms and rules:
We reserve the right to terminate your account and/or prohibit you from using or accessing the Service (or any portion, aspect, or feature of the Service) for any reason, or no reason, at any time in our sole discretion, with or without notice.
Fees
Certain aspects of the Service may be provided for a fee. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms for such paid aspects that we will provide to you and which we may update from time to time. We may add new services for additional fees, or amend fees for existing services, at any time in our sole discretion. Any such pricing or payment terms shall become binding upon you when you use the paid aspect of the Service. All fees paid are non-refundable and non-transferable, except as expressly provided in these Terms.
Third Party Content
Through the Service, you will have the ability to access and/or use content provided by third parties. Potent Performance cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. Potent Performance disclaims any responsibility or liability related to your access or use of any third party content.
Mobile and Data Services
You are responsible for any mobile charges that you may incur for using our Service, including data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
Warranty Disclaimer
THE SERVICE AND ALL MATERIALS, INFORMATION, AND CONTENT INCLUDED IN THE SERVICE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES WHATSOEVER. POTENT PERFORMANCE AND ITS PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. POTENT PERFORMANCE AND ITS PARTNERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. POTENT PERFORMANCE AND ITS PARTNERS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE. POTENT PERFORMANCE AND ITS PARTNERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. POTENT PERFORMANCE AND ITS PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL POTENT PERFORMANCE OR ITS PARTNERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE OR ITS ASSOCIATED CONTENT. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF POTENT PERFORMANCE OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF POTENT PERFORMANCE AND ITS PARTNERS FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICE AGAIN).
Indemnification
You agree to indemnify, defend, and hold harmless Potent Performance, its officers, directors, employees, agents, contractors, partners, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) resulting from your violation of these Terms or your use of the Service, including, without limitation, any use of the Service’s content other than as expressly authorised in these Terms or your use of any information obtained from the Service.
General
These Terms constitute the entire agreement between you and Potent Performance with respect to your use of the Service. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Potent Performance’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
Contact Information
If you have any questions about these Terms, please contact us at: info@potentperformance.eu
Updated: June 3, 2024