Terms of Service (EULA)

TERMS OF SERVICE (EULA)
OVERVIEW

This website or application is operated by The Godfrey Method. Throughout the site, the terms “we”, “us” and “our” refer to The Godfrey Method. The Godfrey Method offers this website, including all information, tools, and products, shop offerings, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

These Terms of Service are supplemented by our Subscription Terms, which govern all subscription-based services, including Godfrey Method On Demand.

Acknowledgement for Users of The Godfrey Method iOS Application

You and the End-User acknowledge that the End-User License Agreement (EULA) for the iOS application, available via Apple’s App Store, is concluded solely between The Godfrey Method and the end-user. The Godfrey Method, not Apple, is solely responsible for the iOS application and its content. The usage rules established in the EULA are designed not to conflict with the Apple Media Services Terms and Conditions, which you have the opportunity to review.

Acknowledgement for Users of The Godfrey Method Android Application

You acknowledge that these Terms of Service are between you and The Godfrey Method, and not with Google. The Godfrey Method is solely responsible for the Android application and its content. Your use of the application obtained through Google Play is also subject to the applicable Google Play Terms of Service.

By visiting our site and/or purchasing products or subscriptions from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By subscribing to Godfrey Method On Demand and providing your email address, you hereby grant Godfrey Method LLC permission to contact you via email. This includes sending you updates, promotional materials, and special offers related to our services and products. You understand that you may receive periodic emails from us, and you can choose to unsubscribe at any time by following the instructions provided in these communications. We are committed to protecting your privacy, and your email address will be handled in accordance with our Privacy Policy.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - FEES & BILLING

Subscription-related billing, renewal, cancellation, and refund terms are governed by our Subscription Terms, which are incorporated herein by reference.

FEES AND BILLING 

You will pay all fees charged to your accounts (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed between us in writing. You will provide complete and accurate billing information including a valid and authorized payment method. We will automatically charge your payment method on an agreed-upon recurring basis. You authorize The Godfrey Method and its affiliates, and our third-party payment processor(s), to automatically charge your payment method for the Fees. If your payment cannot be completed, we will provide you with written notice and may suspend access to the Services until payment is received. Fees are payable in accordance with your selected subscription plan or pricing page. Payments are nonrefundable except as provided in our Subscription Terms.

All prices listed are in USD.

TAXES 

Unless otherwise stated, Fees do not include federal, state, local, or foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase.

PRICE CHANGES 

We may change our prices by posting to our website and/or sending a notice to your email address on account. Price changes will take effect at the next billing cycle following notice, where required by law. Any price changes will apply to the Fees charged to your account immediately after the effective dates of the changes.

DISPUTES AND LATE PAYMENTS 

If you want to dispute any Fees or Taxes, please contact info@thegodfreymethod.com within thirty (30) days of the date of the disputed invoice. If any amount of your Fees are past due, we may suspend your access to the Services.

FREE TRIAL 

You may not create more than one account to benefit from the credits provided in the free trial. If we believe you are not using the free trial in good faith, we may charge you standard fees immediately or stop providing access to the Services.

PCI COMPLIANCE 

All payments will be processed in accordance with PCI Compliance.

RECURRING BILLING 

By subscribing to our services, all payments will be deducted from your payment method automatically at the predetermined frequency selected during initial checkout. The frequency can be changed at any time by managing your subscription in the Customer Portal or by reaching out to us directly via email.

SECTION 3 - SUBSCRIPTION TERM

Subscription terms, including trial periods, renewal, cancellation, and termination, are governed by our Subscription Terms, which are incorporated herein by reference.

Your subscription begins upon checkout and continues until canceled in accordance with those Subscription Terms.

Refunds, if any, are governed exclusively by the Subscription Terms.

SECTION 4 - CONFIDENTIALITY, SECURITY, AND DATA PROTECTION

CONFIDENTIALITY 

You may be given access to confidential information of The Godfrey Method, its affiliates, and other third parties. You may use confidential information only as needed to use the Services as permitted under these Terms. You may not disclose confidential information to any third party, and you will protect confidential information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care.

SECURITY 

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact The Godfrey Method and provide details of the vulnerability or breach.

SECTION 5 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.

SECTION 6 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to modify or discontinue the Service (or any part thereof) without notice at any time.

We shall not be liable for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 - FORCE MAJEURE

The Godfrey Method shall not be liable for any failure or delay in performance under these Terms of Service due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, supply chain disruptions, governmental actions, or failures of internet or telecommunications services.

SECTION 8 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online. These products or services may have limited quantities and are subject to return or exchange only according to our policies.

SECTION 9 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed. We may limit or cancel quantities purchased per person or account. You agree to provide current, complete and accurate purchase and account information.

SECTION 10 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have control. You acknowledge that we provide access “as is” without warranties.

SECTION 11 - THIRD-PARTY LINKS

Certain content may include materials from third parties. We are not responsible for examining or evaluating the content or accuracy of third-party materials.

SECTION 12 - INTELLECTUAL PROPERTY

All content, materials, and features available through the Service, including but not limited to text, graphics, logos, images, videos, audio, software, and design, are the exclusive property of The Godfrey Method or its licensors and are protected by applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service and its content for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of the Service or its content without prior written consent from The Godfrey Method.

Any unauthorized use of the Service or its content may violate copyright, trademark, and other applicable laws and may result in termination of your access to the Service.

SECTION 13 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send submissions, you agree that we may use them without restriction. We are under no obligation to maintain comments in confidence or respond.

SECTION 14 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy.

SECTION 15 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information that contains typographical errors or inaccuracies. We reserve the right to correct any errors.

SECTION 16 - PROHIBITED USES

You are prohibited from using the site or its content for unlawful purposes or to violate any laws.

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted or error-free service. Use of the Service is at your sole risk. In no case shall The Godfrey Method be liable for damages.

You acknowledge that participation in any physical activity, fitness program, or use of products offered through the Service involves inherent risks, including the risk of injury. By using the Service or purchasing products, you voluntarily assume all such risks and agree that The Godfrey Method shall not be liable for any injuries, damages, or losses arising from or related to such use, to the fullest extent permitted by law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify and hold harmless The Godfrey Method and its affiliates from any claim arising from your breach of these Terms.

SECTION 19 - SEVERABILITY

If any provision is determined unlawful, the remainder shall remain enforceable.

SECTION 20 - TERMINATION

These Terms are effective unless terminated by either you or us. We may terminate access if you fail to comply.

SECTION 21 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and us.

SECTION 22 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

SECTION 23 - DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims.

In the event of any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Service, any products purchased through the Service, or the relationship between you and The Godfrey Method, the parties agree to first attempt to resolve the matter informally and in good faith. If the matter is not resolved within thirty days after written notice from one party to the other describing the dispute, either party may pursue resolution as set forth below.

Except for claims that may properly be brought in small claims court, and except for claims involving the ownership, validity, or enforcement of intellectual property rights, any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Service, or any products purchased through the Service shall be resolved exclusively by final and binding arbitration.

The arbitration shall be administered by the American Arbitration Association in accordance with its applicable consumer arbitration rules, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitration shall be conducted before a single arbitrator. Unless otherwise required by applicable rules or law, the arbitration shall take place in New Jersey, or by remote proceedings if permitted by the applicable arbitration rules.

You and The Godfrey Method agree that any arbitration shall be conducted only on an individual basis and not as a class, consolidated, representative, collective, or private attorney general action. You further agree to waive any right to participate in any class action or class-wide arbitration.

To the fullest extent permitted by law, you and The Godfrey Method waive any right to a jury trial in any proceeding arising out of or relating to these Terms of Service, the Service, or any products purchased through the Service.

Nothing in this section shall prevent either party from seeking temporary, preliminary, or injunctive relief in a court of competent jurisdiction where necessary to protect its rights pending completion of arbitration, including protection of intellectual property or confidential information.

If any portion of this section is found unenforceable, the remaining portions shall remain in full force and effect, except that if the class action waiver is found unenforceable, then this entire section shall be null and void to that extent permitted by law.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or change these Terms at any time.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to info@thegodfreymethod.com.