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
Revision Date: December 18, 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.
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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.