PRIVACY Policy , Terms of Use and Disclaimer
Copyright
© Dan Blewett Systems LLC All Rights Reserved. Images, text, video, graphics, and other intellectual property are protected by United States and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, reproduced, or otherwise distributed by any means without explicit permission. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit, or distribute any of the material in this video without the prior written consent.
Disclaimer
This website, text, images, videos, and other materials have been provided as general information for exercise and rehabilitation and are intended for educational purposes. Any individual beginning mentioned, or beginning any other exercise program, should first consult with a qualified health professional. Discontinue any exercise that causes discomfort and/or dysfunction and consult with a qualified medical professional. Please consult with a physician prior to implementing any rehabilitation or exercise protocol. This website does not contain medical advice. The instructions and advice presented are in no way a substitute for professional testing, instruction, or training. The creator, producer, and distributor of website disclaim any liabilities or loss, personal or otherwise, in connection with the exercises and advice herein.
Disclosures
We may receive compensation from various links that you may click on my website. This includes Google Ad Words, links to any product on Amazon, and some affiliate products and websites. If there is a link to a product on this site or emails, consider that we make a commission on any sale.
Dan Blewett Systems LLC Terms of Service
1. Terms
By accessing the websites own by Dan Blewett Systems, LLC at https://danblewett.com, https://snapsoftball.com, https://slowpitchskills.com, https://earlyworktraining.com or others (referred to throughout as "site"), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
• Permission is granted to temporarily download one copy of the materials (information or software) on .Dan Blewett Systems LLC's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on Dan Blewett Systems LLC's website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or "mirror" the materials on any other server.
• This license shall automatically terminate if you violate any of these restrictions and may be terminated byDan Blewett Systems LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
• The materials on Dan Blewett Systems LLC's website are provided on an 'as is' basis. Dan Blewett Systems LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
• Further, Dan Blewett Systems LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall Dan Blewett Systems LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Dan Blewett Systems LLC's website, even if Dan Blewett Systems LLC or a Dan Blewett Systems LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing on Dan Blewett Systems LLC's website could include technical, typographical, or photographic errors. Dan Blewett Systems LLC does not warrant that any of the materials on its website are accurate, complete or current. Dan Blewett Systems LLC may make changes to the materials contained on its website at any time without notice. However Dan Blewett Systems LLC does not make any commitment to update the materials.
6. Links
Dan Blewett Systems LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Dan Blewett Systems LLC of the site. Use of any such linked website is at the user's own risk.
7. Modifications
Dan Blewett Systems LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of MA and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Privacy Policy
Your privacy is important to us. It is Dan Blewett Systems LLC's policy to respect your privacy regarding any information we may collect from you across our website, site, and other sites we own and operate.
Information we collect
Log data
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details. We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
Personal information
We may ask for personal information, such as your:
• Name
• Email
• Social media profiles
• Date of birth
• Phone/mobile number
• Home/Mailing address
• Work address
• Payment information
• Driver's licence details
• Passport number
• Tax/SSN/Medicare/etc. number
This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
How we collect information
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
Use of information
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports. We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.
Data processing and storage
The personal information we collect is stored and processed in United States, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users. We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security. If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.
Cookies
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.
Third-party access to information
We use third-party services for:
• Analytics tracking
• User authentication
• Advertising and promotion
• Content marketing
• Email marketing
• Payment processing
These services may access our data solely for the purpose of performing specific tasks on our behalf. We do not share any personally identifying information with them without your explicit consent. We do not give them permission to disclose or use any of our data for any other purpose. We may, from time to time, allow limited access to our data by external consultants and agencies for the purpose of analysis and service improvement. This access is only permitted for as long as necessary to perform a specific function. We only work with external agencies whose privacy policies align with ours.
We will refuse government and law enforcement requests for data if we believe a request is too broad or unrelated to its stated purpose. However, we may cooperate if we believe the requested information is necessary and appropriate to comply with legal process, to protect our own rights and property, to protect the safety of the public and any person, to prevent a crime, or to prevent what we reasonably believe to be illegal, legally actionable, or unethical activity. We do not otherwise share or supply personal information to third parties. We do not sell or rent your personal information to marketers or third parties.
Children’s Privacy
We are committed to protecting the privacy of children who use our services. We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience. Please refer to our Children’s Privacy Policy for more information.
Limits of our policy
This privacy policy only covers Dan Blewett Systems LLC's own collecting and handling of data. We only work with partners, affiliates and third-party providers whose privacy policies align with ours, however we cannot accept responsibility or liability for their respective privacy practices. Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. If you are a registered user on site, we will notify you using the contact details saved in your account. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information.
Your rights and responsibilities
As our user, you have the right to be informed about how your data is collected and used. You are entitled to know what data we collect about you, and how it is processed. You are entitled to correct and update any personal information about you, and to request this information be deleted. You may amend or remove your account information at any time, using the tools provided in your account control panel. You are entitled to restrict or object to our use of your data, while retaining the right to use your personal information for your own purposes. You have the right to opt out of data about you being used in decisions based solely on automated processing. Feel free to contact us if you have any concerns or questions about how we handle your data and personal information. Dan Blewett Systems LLC Data Controller Customer Service Department [email protected] This policy is effective as of 25 Sept 2023.
Cookie Policy
We use cookies to help improve your experience of site. This cookie policy is part of Dan Blewett Systems LLC's privacy policy, and covers the use of cookies between your device and our site. We also provide basic information on third-party services we may use, who may also use cookies as part of their service, though they are not covered by our policy. If you don’t wish to accept cookies from us, you should instruct your browser to refuse cookies from site, with the understanding that we may be unable to provide you with some of your desired content and services.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself. Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language). Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
Third-party cookies on our site
We may employ third-party companies and individuals on our websites—for example, analytics providers and content partners. We grant these third parties access to selected information to perform specific tasks on our behalf. They may also set third-party cookies in order to deliver the services they are providing. Third-party cookies can be used to track you on other websites that use the same third-party service. As we have no control over third-party cookies, they are not covered by Dan Blewett Systems LLC's cookie policy.
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you do not wish to accept cookies from us, you can instruct your browser to refuse cookies from our website. Most browsers are configured to accept cookies by default, but you can update these settings to either refuse cookies altogether, or to notify you when a website is trying to set or update a cookie. If you browse websites from multiple devices, you may need to update your settings on each individual device. Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
Children's Privacy Policy
We are committed to protecting the privacy of children who use site and its services. This children’s privacy policy is part of our approach to privacy, and covers the way we collect, store and manage information provided by children under the age of 13, in accordance with the US Children’s Online Privacy Protection Act (COPPA). We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience.
Collecting information from children
At times, we may require information from children to enable participation in certain activities, for example, registering an account, customizing a profile, or receiving notifications. When collecting non-personal information, we encourage children never to provide any details that may personally identify them or reveal their location. We do not require children to provide more information than is necessary to participate in an activity. We do not use children’s contact details for marketing purposes, though we may use them for our internal marketing and research in order to improve the quality of products and services offered across our site.
Parental consent
In accordance with COPPA, if an activity does require any personal information (such as first name, last name, or email address), we will provide notice to and seek consent from a parent or guardian prior to collecting the information. We only retain collected information for as long as necessary to enable participation in the requested activity. In the event we discover we have collected personal information in a manner non-compliant with COPPA, we will either delete the information or seek parental consent.
As a parent/guardian, if you believe your child is participating in an activity that collects personal information, and you have not received a notification or request for consent, please feel free to get in touch via our contact page site. We do not use parent contact details for marketing purposes unless marketing materials are explicitly requested.
Safeguarding children’s privacy
We take security seriously, and do what we can within commercially acceptable means to protect your child’s personal information from loss or theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
Information abuse and community misconduct
We do not tolerate doxing (publishing of private or personal information about an individual without their consent), cyberbullying, or other forms of information abuse on site. If we discover that a child’s personal information has been disclosed on our site without the express consent of their parent/guardian, we will remove the content in question as quickly as possible and effect disciplinary measures (a warning, suspension or ban) on the offending account.
Third-party access to information
We do not knowingly disclose any personally identifying information or personal information provided by children to third parties. We may, however, disclose anonymised and aggregated versions of this information (analytics and statistics) for business, marketing or public relations purposes.
Parental controls and intervention
As a parent/guardian, you may at any time refuse to let us collect further information from your children for a particular activity or account. If you have given us consent previously, you may log in to your child’s account to review, edit or delete the information, or contact us via to request the removal of the information from our records. Please be aware that the removal of certain information may result in the termination of the associated account, or withdrawal from the associated activity.
Consent for Care and Policy Disclosure: I do hereby give my consent for Dan Blewett Systems LLC and Performance, Inc. to furnish fitness, medical care and/or treatment considered in the assessment, evaluation and treatment of my physical condition(s) as described to me or as my physician, therapist and/or fitness instructor determines are necessary. Dan Blewett Systems LLC. is an out of network physical therapy provider. You are responsible for payment in full at the time of service. You may request an invoice of your charges to submit for reimbursement. We are not responsible for this process and any reimbursement you may obtain. We require a 24-hour notice for cancellation of any appointments. Any cancellations or no shows with less than 24-hours notice are subject to a fee equivalent to the cost of your scheduled appointment. There is a $50 fee for copies of your medical records. A $25 fee will be charged for any checks returned for insufficient funds, plus any bank fees incurred.
Assignment of Benefits/Release of Information: I certify that all information on these forms are correct. I hereby assign all medical benefits to which I am entitled, to include any major medical, private insurance and third-party payers to Dan Blewett Systems LLC. A photocopy of this assignment is to be considered as valid as the original. I hereby authorize Dan Blewett Systems LLC. to release all information necessary, including medical records to secure payment. I understand that I am financially responsible for all charges not covered by my insurance or other third-party payers and that the balance after insurance or third party payment has been made is due within thirty (30) days.
Notice of Privacy: I have received and reviewed this facility’s Notice of Privacy Practices, which explains how my private health information will be used and disclosed. I understand that I am entitled to receive a copy of this document and may refuse to sign this acknowledgment form. By signing this form, I consent to the use and disclosure of my protected health information for the purpose of treatment, payment and healthcare operations. I have the right to revoke this consent, in writing, except where disclosures have already been made in reliance on my prior consent.
Consent and Release for Use and Disclosure of Image, Voice, and/or Written Testimonials: I, hereby consent to the photographing, recording and unlimited use of my likeness (including my name, voice and/or image) for commercial, promotional or other use, in any medium, by Dan Blewett Systems LLC. and its employees, affiliates, subsidiaries, licensees, successors, and assigns. I waive all rights of attribution, inspection, or approval for any use of my likeness. Dan Blewett Systems LLC. and its employees, affiliates, subsidiaries, licensees, successors, and assigns are held expressly harmless for any liability, legal and/or financial, incurred as a result of said use. I waive any right to royalties or other compensation arising from or related to the use of my likeness. All right, title, and interest to any photographs, recordings, and any other materials using my likeness shall be the sole property of Dan Blewett Systems LLC. I shall have no interest in any such materials nor shall I have any right to use the name or trademarks of Dan Blewett Systems LLC. without its express, written permission. We consider our center to be a center of excellence and occasionally take photographs, videos, and other forms of media of our facility and/or services for educational and promotional use. This may include, but is not limited to, book publications, journal article publications, use on our websites, and social media accounts.
I provide my authorization knowing that The Protected Health Information that is used or disclosed pursuant to this authorization, including Protected Health Information contained in any photographs, videotapes, or interviews, may be subject to re-disclosure by the recipient(s) and may no longer be protected by HIPAA or other state or federal laws.
I, authorize Dan Blewett Systems LLC and its employees, agents, and authorized representatives, to use and/or disclose my Protected Health Information contained in any photographs, videos, medical and physical therapy records, and/or audio recordings for the following purposes: Use in internal and external advertising, marketing, public relations or collateral materials, including but not limited to posting on Dan Blewett Systems LLC’s websites and social media sites, use in news releases or stories, including television, newspaper, or radio broadcasts, use in internal and external education and/or training programs for the public and/or medical professionals, including but not limited to use on public websites and social media sites.
I hereby acknowledge that Dan Blewett Systems LLC or any of its agents or employees have not made any representations or warranties of any kind with respect to any medical or other advice or information that I may receive in connection with my appearance and that I have not relied on any such representations or warranties in agreeing to participate in the recording of my voice and/or likeness as described above or in the execution of this consent for use and disclosure of image, voice and/or written testimonials (the “consent”).
I am signing this Consent and Release voluntarily, having read it in its entirety and understanding the contents thereof to my satisfaction, and I acknowledge that it is binding upon me, my legal representatives, heirs and assigns. I understand that this Consent will be signed contemporaneously with the form entitled Authorization for Use and Disclosure of Protected Health Information for Marketing and Promotional Purposes (the “Authorization”), and I agree that in the event of a conflict between the two documents, the terms of the Authorization shall govern.
The parties agree to be bound by the terms of this agreement in consideration for the mutual promises and benefits to be revived by them, the adequacy and sufficiency of which they acknowledge.
Program Services: The services being requested are fitness programs. Dan Blewett Systems LLC will make every attempt to provide the best service possible, acknowledging client requests (such as trainer gender, age, appointment time, etc.) but will not be held liable, or otherwise does not affect the terms of this agreement, in the event these requests cannot be met. Dan Blewett Systems LLC must not delay performance of services in excess of six months from the date the agreement is entered into.
Monthly Session Use and Auto Renewal Agreement: Fitness clients are starting a monthly membership, which auto renews on the same calendar date as the original contract date each month for the duration of the contract. Unused sessions do not carry over and expire at the end of each month. Sessions are not transferable to another package. Membership will automatically renew for the same contract duration. I understand that unless I submit a written notice of cancellation within 7 days of the agreement expiration date, this contract will automatically renew using my credit card on file with the same terms and duration as the original agreement.
Sports Performance Membership will not automatically renew. I understand that my membership expires after the purchased amount of sessions is used, at the end of a quarterly session, or 6 weeks after the original agreement date, whichever comes first. Sessions do not carry over and any remaining sessions are considered to have lapsed and will immediately discontinue. After sessions expire, I understand that I will need to purchase another program, which will carry these same contract terms.
Professional athletes with a Semi-Private Sports Performance Membership are paying a monthly membership fee. Membership will not automatically renew. I understand that my membership expires after the purchased amount of sessions is used or 4 weeks after the original agreement date, whichever comes first. Sessions do not carry over and any remaining sessions are considered to have lapsed and will immediately discontinue. After sessions expire, I understand that I will need to purchase another program, which will carry these same contract terms.
Failure to use the services does not relieve the Buyer or the Client of their obligations, (regardless of circumstances), to pay fees, late charges and other monies due under this Agreement in full. The completion date will be extended when a signed doctor’s note is received stating a medical reason, which prevents a fitness training session program to be completed within the normal allotted time period.
Appointment Cancellation and No-Show Policy: We require a 24-hour notice for cancellation of any appointments – in person or online. Any cancellations or no shows with less than 24-hours notice are subject to a fee equivalent to the cost of your scheduled appointment of the loss of that session.
Prepayment and Payment in Full: There is no prepayment charge applicable to this agreement. If a client desires to pay in full for future services, the client’s execution of this agreement hereby constitutes a written request to make such payment in full. All paid-in-full memberships are non-refundable.
Refunds and cancellation of online programs: Buyer may request, and will be granted, a refund of their purchase price within the 30 days of purchase for Dan Blewett Systems LLC online courses and training programs, with the exception of Early Work Training programs. Early work training programs have a 14-day free trial period, and can be cancelled within this period at no charge. At the end of the 14-day trial period, the client will be billed on a monthly basis until cancelled. Client can cancel at any time but will not be refunded for any payments already made, nor pro-rated for any unused training. Billing will cease at the end of the billing period during which cancellation was completed. All other Dan Blewett Systems LLC online courses and training programs are non-refundable after the first 30 days after enrollment.
Buyer’s Default: Buyer and Client shall be deemed in default of this Agreement upon the failure to comply payment as and when due. Upon default, Dan Blewett Systems LLC shall have the rights and remedies available, including termination of this Agreement and institution of an action for all applicable damages. If Dan Blewett Systems LLC delays or refrains from exercising any rights under this with any of the terms and conditions of the Agreement, including, but not limited to, the obligation to make any agreement, Dan Blewett Systems LLC does not waive the right to receive full and timely payments and other charges due under this agreement.
Permission to Use Your Image: We consider our center to be a center of excellence and occasionally take photographs, videos, and other forms of media of our facility and/or services for educational and promotional use. This may include, but is not limited to, book publications, journal article publications, use on our websites, and social media accounts. By signing below, you are agreeing to allow us the use of your name and likeness, voice, verbal statements, and image in any of these mediums and uses without compensation.
Successors and Assigns: Buyer and Client agree that all terms and conditions of the Agreement shall be binding upon the heirs, Personal Representatives, lawful successors, and assigns of Buyer and Athlete, and anyone claiming by or through Buyer or Athlete.
Enforceability: The parties agree that if any provision or portion of this Agreement is declared void and unenforceable, such provisions or portion of a provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. Further, if any such provision or portion of a provision may be reduced and/or narrowed in scope or the like, such provision or portion of a provision shall be reduced, narrowed and/or the like, and so enforced. However, Buyer and Client specifically agree all the terms and conditions are to be enforced and Buyer and Client specifically waive any statute or other right of any type, which would invalidate the enforceability of any provision or portion of a provision of this Agreement.
Governing Law: This Agreement shall be governed and enforced in accordance with the laws of the District of Columbia (Washington, DC). In the event litigation is necessary to enforce any of the terms and conditions of this Agreement, Dan Blewett Systems LLC, Buyer, and Client agree that the venue for such court action shall exclusively be in Washington, District of Columbia.
Attorney Fees: In any action at law or equity that is brought to enforce the terms of this agreement or dispute thereof, each party shall be responsible for its own attorney’s fees and cost and an award of such fees and costs shall not be grated in contradiction to this provision. This provision shall be construed as applicable to this entire agreement and any amendments created and properly executed hereunder.
Mediation and Arbitration: The parties agree that should a dispute arise between them they will first submit the matter to mediation. In the event the parties cannot agree to a resolution in mediation then they agree to submit the matter to binding Arbitration to be held in Washington, DC. If they are unable to resolve the dispute in mediation then the parties shall submit the dispute for final determination to the commercial division of the American Arbitration Association or they may by mutual consent agree to an alternative method of dispute resolution. The parties agree that rights and responsibilities under this agreement are individual in nature and they will not attempt to be a part of or join in any class related to this license agreement.
Notice: All notices to Dan Blewett Systems LLC shall be mailed (certified or registered with return receipt required) to Dan Blewett Systems LLC, 1701 E Empire St STE360 Box 261, Bloomington IL 61704,
This agreement constitutes the entire agreement of the parties and no other agreement or understanding exists between Buyer and Dan Blewett Systems LLC. Dan Blewett Systems LLC has made no express or implied warranties or misrepresentations other than those expressly set forth in this Agreement to induce Buyer to enter into this Agreement. Any conflict between the original Agreement and any copy of the original Agreement shall be controlled by the original Agreement.
By using any of the online courses and programs, materials or free resources provided by Dan Blewett Systems LLC, Buyer agrees with all terms and conditions of this agreement and acknowledges that:
I fully understand and acknowledge that (a) the activities in which I will engage as part of the services provided by Dan Blewett Systems LLC and the activities and equipment I may use as a part of that service have inherent risks, dangers, and hazards and such exists and my participation in these activities; (b) in such activities and/or use of such services may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability; (c) these risks and dangers may be caused by the negligence of the representatives or employees of Dan Blewett Systems LLC, the negligence of the participants, the negligence of others, accidents, breaches of contract, or other causes.
By my participation in these activities and for use of these services, I hereby assume all risks and dangers and all responsibility for any losses and/or damages whether caused in whole or in part by the negligence or the conduct of the representatives or employees of Dan Blewett Systems LLC, or by any other person. I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Dan Blewett Systems LLC and their representatives, employees, and assigns from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of any services or participation in these activities.
I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the representatives or employees of Dan Blewett Systems LLC
Buyer and client, on behalf of client, his/her heirs, assigns next of kin, agrees to fully release Dan Blewett Systems LLC (as well as any of its owners, employees or other authorized agents, including independent contractors) from any and all liability, claims and/or litigation resulting from any and all services and the physical activities, even if caused by the negligence, gross negligence, intentional acts or omissions and/or any other type of fault of Dan Blewett Systems LLC, its owners, employees, or other authorized agents, including independent contractors.