Terms and Conditions

Welcome to Dannyleejames.com.

This is my online home for coaching and content relating to all things health, fitness and human performance.

…And you've made it to the terms page. Bravo. You're thorough, you.

Anyhoo…

These terms and conditions outline the rules and regulations for the use of Danny James's websites, located at https://dannyleejames.com and https://onlineperformancecoach.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Dannyleejames.com or Onlineperformancecoach.com if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these terms and conditions, privacy statement and disclaimer notice and all agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our company, Danny James. “Party”, “Parties”, or “Us”, refers to both the client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the client in the most appropriate manner for the express purpose of meeting the client’s needs in respect of provision of the company’s stated services, in accordance with and subject to, prevailing law of Australia. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Dannyleejames.com and Onlineperformancecoach, you agreed to use cookies in agreement with Danny James's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Danny James and/or its licensors own the intellectual property rights for all material on Dannyleejames.com or Onlineperformancecoach.com. All intellectual property rights are reserved. You may access this from Dannyleejames.com for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Dannyleejames.com or Onlineperformancecoach.com.
  • Sell, rent or sub-license material from Dannyleejames.com or Onlineperformancecoach.com.
  • Reproduce, duplicate or copy material from Dannyleejames.com or Onlineperformancecoach.com.
  • Redistribute content from Dannyleejames.com or Onlineperformancecoach.com.

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Danny Lee James does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Danny Lee James,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Danny Lee James shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Danny Lee James reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the comments on our websites and have all necessary licenses and consents to do so;
  • The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Danny James a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your comments in any and all forms, formats or media.

Hyperlinking To Our Content

The following organisations may link to our websites without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our websites in the same manner as they hyperlink to the websites of other listed businesses; and
  • System-wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our websites.

These organisations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organisations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organisation does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Danny James; and (d) the link is in the context of general resource information.

These organisations may link to our homepages so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organisations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Danny James. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organisations may hyperlink to our website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Danny James's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be held responsible for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our websites. You approve to immediately remove all links to our websites upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our websites, you agree to be bound to and follow these linking terms and conditions.

Removal of Links From Our Website

If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on our websites is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the websites remain available or that the material on the websites is kept up to date. We will, however, do our level best to bring you the best. Promise.

SMS Messaging Terms & Conditions

Effective Date:

This SMS message program is a service of dannyleejames.com and onlineperformancecoach.com. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from dannyleejames.com and onlineperformancecoach.com. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give dannyleejames.com and onlineperformancecoach.com. permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.

Message frequency may vary. But in all likelihood, you won't receive a text message very often at all. dannyleejames.com and onlineperformancecoach.com. reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. dannyleejames.com and onlineperformancecoach.com. also reserves the right to change the shortcode or phone number from which messages are sent and we will notify you if we do so.

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. dannyleejames.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

By enrolling in the dannyleejames.com and onlineperformancecoach.com. messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our dannyleejames.com and onlineperformancecoach.com. Terms of Use and dannyleejames.com and onlineperformancecoach.com. Privacy Policy.

Cancellation

Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect.

You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that dannyleejames.com and onlineperformancecoach.com.
and its service providers will have no liability for failing to honour such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from dannyleejames.com and onlineperformancecoach.com. through any other programs you have joined until you separately unsubscribe from those programs.

Help or Support

Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.

No Warranty

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

Limitation of Liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF dannyleejames.com OR ANY PARTY ACTING ON BEHALF OF dannyleejames.com BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO dannyleejames.com HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF dannyleejames.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE dannyleejames.com and onlineperformancecoach.com. MESSAGING PROGRAM. dannyleejames.com and onlineperformancecoach.com. AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.

Indemnity

To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless dannyleejames.com, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from dannyleejames.com and onlineperformancecoach.com. or its service providers.

Dispute Resolution

  1. General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from dannyleejames.com and onlineperformancecoach.com. or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND dannyleejames.com and onlineperformancecoach.com. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
  2. Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or dannyleejames.com to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
  3. Arbitrator. Any arbitration between you and dannyleejames.com and onlineperformancecoach.com. will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
  4. No Class Actions. YOU AND dannyleejames.com AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and dannyleejames.com and onlineperformancecoach.com. agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and dannyleejames.com and onlineperformancecoach.com. are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
  5. No Class Actions. YOU AND dannyleejames.com and onlineperformancecoach.com. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and dannyleejames.com and onlineperformancecoach.com. agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
  6. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if dannyleejames.com makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to dannyleejames.com’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and dannyleejames.com and onlineperformancecoach.com.
  7. Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.

Changes to the Messaging Terms

We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from dannyleejames.com and onlineperformancecoach.com. after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.

Entire Agreement/Severability

These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and dannyleejames.com concerning the Messaging Program.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the websites and the information and services on the websites are provided free of charge, we will not be liable for any loss or damage of any nature.

Contacting Us

Danny James welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Danny Lee James
ABN: 36 520 163 173
Online Performance Coach
E-mail: danny@dannyleejames.com
Call: 0411 139 061

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