TERMS OF USE AND DMCA NOTICE
Effective Date: April 25, 2022
1. Parties. The parties to these Terms of Use are you, and the owner of this massajady.com website, Sajady Fit LLC ("Sajady Fit"). All references to "we", "us", "our", this "website" or this "site" shall be construed to mean this website business and Sajady Fit.
2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this massajady.com website, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site's home page.
4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to a blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site's home page.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Sajady Fit LLC
16526 W 78th St.
Suite 264
Eden Prairie, MN 55346
Contact: team@thexicode.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Disclaimers.
10.1 THIS SITE AND THE PRODUCTS ARE PROVIDED "AS-IS". WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THIS SITE AND THE PRODUCTS. WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, RELATING TO THIS SITE AND THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.2 THE PRODUCTS HELP YOU REPROGRAM YOUR CORE FREQUENCIES TO HELP YOU TRANSFORM YOUR LIFE. MAS SAJADY IS NOT A DOCTOR; HE DOES NOT HAVE THE POWER TO HEAL, NOR DOES HE OR ANY OF THE PRODUCTS OR CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, TREAT ANY DISEASE OR MEDICAL CONDITION. THE PLATFORM, INCLUDING ALL PRODUCTS AND CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED OR RELIED UPON UNDER ANY CIRCUMSTANCES, TO PROVIDE, MEDICAL, PSYCHOLOGICAL, FINANCIAL, LEGAL, BUSINESS, OR INVESTMENT ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD SEEK APPROPRIATE PROFESSIONALS FOR ANY SUCH ADVICE.
10.3 THIS WORK IS TRANSFORMATIONAL AND VERY INTENSE. YOU MAY FIND IT SIGNIFICANTLY CHALLENGING AS OLD PATTERNS SHIFT. WORKING WITH MAS SAJADY REQUIRES ABSOLUTE OWNERSHIP AND PERSONAL ACCOUNTABILITY. IF YOU ARE WEAK, TEND TO BLAME OTHERS, AND/OR ARE UNWILLING OR UNABLE TO TAKE PERSONAL RESPONSIBILITY, PLEASE DO NOT PROCEED WITH REGISTERING OR PARTICIPATING IN ANY PART OF OUR PRODUCTS, CONTENT, OR EVENTS.
10.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS. NO PURCHASE OR USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Consequential Damages Waiver. IN NO EVENT SHALL (i) MAS SAJADY, INDIVIDUALLY, AND (II) SAJADY FIT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PRODUCTS, ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Liability Cap. Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the price you paid for the applicable Product.
13. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.
15. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Sajady Fit LLC
16526 W 78th St.
Suite 264
Eden Prairie, MN 55346
Contact: team@thexicode.com You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association ("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Minneapolis, MN, USA, and may be conducted by video conference call. The arbitrator shall apply the laws of the State of Minneapolis, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
18. Controlling Law. This Agreement shall be construed under the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Jurisdiction and Venue. The courts of Hennepin County in the State of Minnesota, USA and the U.S. District Court for the District of Minnesota shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. Each party submits to the personal jurisdiction and venue of such courts and waives any objection thereto, including based on forum non conveniens.
20. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
21. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
22. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
23. Miscellaneous. These Terms of Use constitute the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. These Terms of Use may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.