For Gumption Membership & Workshop purchasers: By enrolling in the Gumption Membership & Workshops, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not continue with your purchase.
A Gumption Membership purchase grants access to the membership website. Payments will process automatically on the schedule you selected at the time of purchase. You will be charged each period on the same day that you signed up (or within 48 hours before or after the date depending on processing). Example: If you signed up on the 15th of May, you will be charged again on the 15th of June, the 15th of July, and so on until you cancel your membership.
Upon enrolling in Gumption Membership, you will gain access to content from the MONTH OF YOUR ENROLLMENT FORWARD. Your membership does not access all content previously posted. Once your membership has been cancelled and the term ended, access to the membership site and its content is stopped.
Due to the nature of this electronic product and the fact that it cannot be “returned”, we have a no refund policy. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products.
We do not offer refunds for online workshops after the start date of the event.
If you are dissatisfied with your purchase for any reason, you will be able to cancel any future payments at least 24 hours prior to the payment processing date. We cannot guarantee your cancellation request will be processed in time if it does not occur within 24 hours of 12:00am PST on the billing date.
If you cancel and then decide to join Gumption Membership again at a later time, you will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.
This Agreement (the “Agreement’”) specifies the Terms and Conditions for access to and use of the Gumption Membership course and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time upon posting of the modified agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at thrivegymnast.com/membership-terms. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
Intellectual Property Ownership.
(a) Our Content. All content included on this site is and shall continue to be the property of Gumption Coaching LLC or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited without express permission by Gumption Coaching. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this site.
(b) User Supplied Content. By accessing group coaching and zoom calls or other user interactive area of our site, and placing any information in any of those areas, you hereby grant us a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. You also grant to others who access calls, replays or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce your postings but such license is limited to the personal use and enjoyment of such other party.
(c) Personal Use. Gumption Coaching grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Gumption Coaching. Gumption Coaching may terminate your use of this website at any time.
(d) Other Uses. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, is strictly prohibited without Gumption Coaching’s prior express written consent.
(a) DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. GUMPTION COACHING DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, GUMPTION COACHING DOES NOT WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUMPTION COACHING, IT’S SUBSIDIARIES, VENDORS AND AFFILIATES DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE’S SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. GUMPTION COACHING LLC SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH GUMPTION COACHING LLC OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF GUMPTION COACHING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.
(c) 3G Sports LLC does not guarantee your results. Your results will be completely dependent on your understanding of the material and your effort to apply it.
Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and participate in Zoom Calls or any other user interactive area of our site, and gain access to the materials contained thereon at your own risk.
(b) No Monitoring. We do not monitor or screen communications during Zoom Calls or any other user interactive area of our site and we are not responsible for any material that any of our participant's posts and we do not assume the responsibility to do so. In the event that we are notified by any party that any communications contained in our our Zoom Calls or any other user interactive area of our site is contrary to these terms, we may, but are not obligated to, investigate the situation and determine in our own discretion, whether to remove such communication from any user interactive area of our site. We have no liability or responsibility to investigate or remove any content from our calls or our site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our forum, calls, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our calls or any other user interactive area of our site.
(d) No Endorsement. We do not endorse or lend any credence for any statements that are made by any participant in our calls or any other user interactive area of our site. Any opinions or views expressed by our calls or any other user interactive area of our site participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully responsible for your own statements and materials that you post in any user interactive area of our site and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.
(f) Removal of Material. As a participant in zoom calls or any other user interactive area of our site, you agree that we may remove any materials from our user interactive area of our site for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our calls or any other user interactive area of our site or from the discontinuance of calls or any other user interactive area of our site at any time.
(g) Right to Expel. We have the right to remove, expel, or disqualify any party from participation and access to calls or any other user interactive area of our site for any time and for any reason, or for no reason whatsoever, in our sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to terminate our user interactive areas of our site at any time and all users hold us harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(i) Prohibitions. You agree that you will not:
Use our zoom calls for any illegal purpose.
Place any material in our zoom calls or any other user interactive area of our site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses or embarrasses any other person.
Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in our Zoom calls or any other user interactive area of our site.
Pretend to be another person that you are not.
Place materials in our Zoom calls that are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us harmless from, and indemnify us against, any and all claims for damages from third parties arising from your participation, use or conduct in our Zoom Calls or any other user interactive area of our site.
(a) Prohibition Against Data Mining. You are prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Gumption Membership. You may not use the Gumption Membership to compile a collection of listings, including a competing listing product or service. You may not use the Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended for adults and may only be used by minor’s with the supervision of their guardian. This website is not intended for any children under the age of 18 without parental consent.
(c) Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that the information provided by you is truthful and accurate to the best of your knowledge.
(d) Indemnification. You agree to indemnify, defend and hold Gumption Coaching and partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
(e) DMCA Notice. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
(f) All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by Gumption Coaching, LLC. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
(g) I understand that I am signing up for a recurring membership. I understand this is a subscription service and I will be billed based on the plan I purchased (monthly, or yearly). I understand that I will be charged each period on the same day that I signed up (or within 48 hours before or after the date depending on processing). Example: If I signed up on the 15th of May, I will be charged again on the 15th of June, the 15th of July, and so on until I cancel my membership.
(h) Cancellations. I understand that I can cancel my membership at any time. I understand that cancellation requests MUST be submitted using the Cancellation form at least 48 hours prior to my scheduled payment date. I understand if I do not cancel 5 days prior to the scheduled payment date, I am not guaranteed the next payment will be prevented. It is my sole responsibility to make sure when I cancel it is prior to 5 days of my next scheduled payment. I understand that there are no partial period refunds and that cancellations will be processed immediately.