DUAL PERFORMANCE
TERMS AND CONDITIONS

1.ABOUT THE WEBSITE

1.1. WELCOME TO WWW.DUALPERFORMANCE.COM.AU (THE 'WEBSITE'). THE WEBSITE membership, online programs and coaching (THE 'SERVICES').
1.2. THE WEBSITE IS OPERATED BY DUAL PERFORMANCE (ABN 42031071214). ACCESS TO AND USE OF THE WEBSITE, OR ANY OF ITS ASSOCIATED PRODUCTS OR SERVICES, IS PROVIDED BY DUAL PERFORMANCE. PLEASE READ THESE TERMS AND CONDITIONS (THE 'TERMS') CAREFULLY. BY USING, BROWSING AND/OR READING THE WEBSITE, THIS SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS, YOU MUST CEASE USAGE OF THE WEBSITE, OR ANY OF SERVICES, IMMEDIATELY.
1.3. DUAL PERFORMANCE RESERVES THE RIGHT TO REVIEW AND CHANGE ANY OF THE TERMS BY UPDATING THIS PAGE AT ITS SOLE DISCRETION. WHEN DUAL PERFORMANCE UPDATES THE TERMS, IT WILL USE REASONABLE ENDEAVORS TO PROVIDE YOU WITH NOTICE OF UPDATES TO THE TERMS. ANY CHANGES TO THE TERMS TAKE IMMEDIATE EFFECT FROM THE DATE OF THEIR PUBLICATION. BEFORE YOU CONTINUE, WE RECOMMEND YOU KEEP A COPY OF THE TERMS FOR YOUR RECORDS.

2. HEALTH DISCLAIMER

THIS WEBSITE DOES NOT PROVIDE WEIGHT LOSS MANAGEMENT OR ADVICE. DUAL PERFORMANCE IS NOT A MEDICAL ORGANIZATION AND OUR STAFF CANNOT GIVE YOU MEDICAL ADVICE OR DIAGNOSIS. NOTHING CONTAINED IN THIS WEBSITE SHOULD BE CONSTRUED AS SUCH ADVICE OR DIAGNOSIS.
YOU ARE URGED AND ADVISED TO SEEK THE ADVICE OF A PHYSICIAN BEFORE BEGINNING ANY PHYSICAL ACTIVITY. THIS WEBSITE IS INTENDED FOR USE ONLY BY HEALTHY ADULT INDIVIDUALS. THE WEBSITE IS NOT INTENDED FOR USE BY MINORS, PREGNANT WOMEN, OR INDIVIDUALS WITH ANY TYPE OF HEALTH CONDITION.
BY USING THE WEBSITE YOU REPRESENT THAT YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT, AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY WHETHER PHYSICAL OR MENTAL. YOU UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO JUDGE YOUR PHYSICAL AND MENTAL CAPABILITIES FOR SUCH ACTIVITY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT BY PARTICIPATING IN workouts, SESSIONS AND ACTIVITIES FROM DUAL PERFORMANCE, YOU WILL NOT EXCEED YOUR LIMITS WHILE PERFORMING SUCH ACTIVITY, AND YOU WILL SELECT THE APPROPRIATE LEVEL (WHERE APPLICABLE) FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU HAVE. YOU UNDERSTAND THAT, FROM TIME TO TIME COACHES MAY SUGGEST PHYSICAL ADJUSTMENTS OR THE USE OF EQUIPMENT AND IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY SUCH SUGGESTED ADJUSTMENT OR EQUIPMENT IS APPROPRIATE FOR YOUR LEVEL OF ABILITY AND PHYSICAL AND MENTAL CONDITION. YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST DUAL PERFORMANCE, OR ANY PERSON OR ENTITY INVOLVED WITH DUAL PERFORMANCE, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.

3. ACCEPTANCE OF THE TERMS

YOU ACCEPT THE TERMS BY REMAINING ON THE WEBSITE. YOU MAY ALSO ACCEPT THE TERMS BY CLICKING TO ACCEPT OR AGREE TO THE TERMS WHERE THIS OPTION IS MADE AVAILABLE TO YOU BY DUAL PERFORMANCE IN THE USER INTERFACE.

4.REGISTRATION TO USE THE SERVICES

4.1.IN ORDER TO ACCESS THE SERVICES, YOU MUST FIRST REGISTER FOR AN ACCOUNT THROUGH THE WEBSITE (THE 'ACCOUNT').
4.2. AS PART OF THE REGISTRATION PROCESS, OR AS PART OF YOUR CONTINUED USE OF THE SERVICES, YOU MAY BE REQUIRED TO PROVIDE PERSONAL INFORMATION ABOUT YOURSELF (SUCH AS IDENTIFICATION OR CONTACT DETAILS), INCLUDING:
(A) AN EMAIL ADDRESS

(B) PREFERRED USERNAME

(C) A MAILING ADDRESS

(D) A TELEPHONE NUMBER

(E) A PASSWORD

4.3.YOU WARRANT THAT ANY INFORMATION YOU GIVE TO DUAL PERFORMANCE IN THE COURSE OF COMPLETING THE REGISTRATION PROCESS WILL ALWAYS BE ACCURATE, CORRECT AND UP TO DATE.
4.4.ONCE YOU HAVE COMPLETED THE REGISTRATION PROCESS, YOU WILL BE A REGISTERED MEMBER OF THE WEBSITE ('MEMBER') AND AGREE TO BE BOUND BY THE TERMS. 
4.5.YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF:
(A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH DUAL PERFORMANCE; OR

(B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF AUSTRALIA OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES.

5.YOUR OBLIGATIONS AS A MEMBER

5.1. AS A MEMBER, YOU AGREE TO COMPLY WITH THE FOLLOWING:
(A) YOU WILL USE THE SERVICES ONLY FOR PURPOSES THAT ARE PERMITTED BY:

(I) THE TERMS; AND 

(II) ANY APPLICABLE LAW, REGULATION OR GENERALLY ACCEPTED PRACTICES OR GUIDELINES IN THE RELEVANT JURISDICTIONS;

(B) YOU HAVE THE SOLE RESPONSIBILITY FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD AND/OR EMAIL ADDRESS. USE OF YOUR PASSWORD BY ANY OTHER PERSON MAY RESULT IN THE IMMEDIATE CANCELLATION OF THE SERVICES;

(C) ANY USE OF YOUR REGISTRATION INFORMATION BY ANY OTHER PERSON, OR THIRD PARTIES, IS STRICTLY PROHIBITED. YOU AGREE TO IMMEDIATELY NOTIFY DUAL PERFORMANCE OF ANY UNAUTHORISED USE OF YOUR PASSWORD OR EMAIL ADDRESS OR ANY BREACH OF SECURITY OF WHICH YOU HAVE BECOME AWARE;

(D) ACCESS AND USE OF THE WEBSITE IS LIMITED, NON-TRANSFERABLE AND ALLOWS FOR THE SOLE USE OF THE WEBSITE BY YOU FOR THE PURPOSES OF DUAL PERFORMANCE PROVIDING THE SERVICES;

(E) YOU WILL NOT USE THE SERVICES OR THE WEBSITE IN CONNECTION WITH ANY COMMERCIAL ENDEAVOURS EXCEPT THOSE THAT ARE SPECIFICALLY ENDORSED OR APPROVED BY THE MANAGEMENT OF DUAL PERFORMANCE;

(F) YOU WILL NOT USE THE SERVICES OR WEBSITE FOR ANY ILLEGAL AND/OR UNAUTHORISED USE WHICH INCLUDES COLLECTING EMAIL ADDRESSES OF MEMBERS BY ELECTRONIC OR OTHER MEANS FOR THE PURPOSE OF SENDING UNSOLICITED EMAIL OR UNAUTHORISED FRAMING OF OR LINKING TO THE WEBSITE; 

(G) YOU AGREE THAT COMMERCIAL ADVERTISEMENTS, AFFILIATE LINKS, AND OTHER FORMS OF SOLICITATION MAY BE REMOVED FROM THE WEBSITE WITHOUT NOTICE AND MAY RESULT IN TERMINATION OF THE SERVICES. APPROPRIATE LEGAL ACTION WILL BE TAKEN BY DUAL PERFORMANCE FOR ANY ILLEGAL OR UNAUTHORISED USE OF THE WEBSITE; AND

(H) YOU ACKNOWLEDGE AND AGREE THAT ANY AUTOMATED USE OF THE WEBSITE OR ITS SERVICES IS PROHIBITED.

6.PAYMENT

6.1.WHERE THE OPTION IS GIVEN TO YOU, YOU MAY MAKE PAYMENT FOR THE SERVICES (THE 'SERVICES FEE') BY WAY OF:
(A)ELECTRONIC FUNDS TRANSFER ('EFT') INTO OUR NOMINATED BANK ACCOUNT

(B)CREDIT CARD PAYMENT ('CREDIT CARD')

(C)CASH ('CASH')

(D)CHEQUE ('CHEQUE')

(E)PAYPAL AUSTRALIA PTY LIMITED (ABN 93 111 195 389) ('PAYPAL')

(F)BPAY('BPAY')

6.2. ALL PAYMENTS MADE IN THE COURSE OF YOUR USE OF THE SERVICES ARE MADE USING STRIPE ('STRIPE'). IN USING THE WEBSITE, THE SERVICES OR WHEN MAKING ANY PAYMENT IN RELATION TO YOUR USE OF THE SERVICES, YOU WARRANT THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE STRIPE TERMS AND CONDITIONS WHICH ARE AVAILABLE ON THEIR WEBSITE.
6.3.YOU ACKNOWLEDGE AND AGREE THAT WHERE A REQUEST FOR THE PAYMENT OF THE SERVICES FEE IS RETURNED OR DENIED, FOR WHATEVER REASON, BY YOUR FINANCIAL INSTITUTION OR IS UNPAID BY YOU FOR ANY OTHER REASON, THEN YOU ARE LIABLE FOR ANY COSTS, INCLUDING BANKING FEES AND CHARGES, ASSOCIATED WITH THE SERVICES FEE.
6.4.YOU AGREE AND ACKNOWLEDGE THAT DUAL PERFORMANCE CAN VARY THE SERVICES FEE AT ANY TIME.
6.5 BY REGISTERING FOR A SUBSCRIPTION TO OUR ELITE AND PROFESSIONAL PROGRAMS YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DUAL PERFORMANCE (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORISED TO CHARGE YOU ON A MONTHLY BASIS FOR YOUR SUBSCRIPTION FOR AN INDEFINITE PERIOD OF TIME UNTIL CANCELLED BY YOU OR US. YOU ACKNOWLEDGE AND AGREE THAT DUAL PERFORMANCE WILL NOT OBTAIN ANY ADDITIONAL AUTHORISATION FROM YOU FOR SUCH AUTOMATIC, RECURRING PAYMENTS. 
6.6 FOR SUBSCRIPTIONS SERVICES DUAL PERFORMANCE WILL BILL THE CREDIT CARD ON FILE MONTHLY ON YOUR ORDER DATE. 
6.7 IT IS YOUR RESPONSIBILITY TO MAINTAIN CURRENT, VALID PAYMENT INFORMATION WITH DUAL PERFORMANCE. 
6.8 IF YOUR AUTOMATIC RECURRING PAYMENT IS DECLINED, YOU WILL BE CONTACTED BY PHONE OR EMAIL. IF WE CANNOT CONTACT YOU WE CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO YOUR PROGRAM.

7. REFUND POLICY

7.1 DUAL PERFORMANCE WILL ONLY PROVIDE YOU WITH A REFUND OF THE SERVICES FEE IN THE EVENT THEY ARE UNABLE TO CONTINUE TO PROVIDE THE SERVICES OR IF THE MANAGER OF DUAL PERFORMANCE MAKES A DECISION, AT ITS ABSOLUTE DISCRETION, THAT IT IS REASONABLE TO DO SO UNDER THE CIRCUMSTANCES (THE 'REFUND').

8. COPYRIGHT AND INTELLECTUAL PROPERTY

8.1.THE WEBSITE, THE SERVICES AND ALL OF THE RELATED PRODUCTS OF DUAL PERFORMANCE ARE SUBJECT TO COPYRIGHT. THE MATERIAL ON THE WEBSITE IS PROTECTED BY COPYRIGHT UNDER THE LAWS OF AUSTRALIA AND THROUGH INTERNATIONAL TREATIES. UNLESS OTHERWISE INDICATED, ALL RIGHTS (INCLUDING COPYRIGHT) IN THE SERVICES AND COMPILATION OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, LOGOS, BUTTON ICONS, VIDEO IMAGES, AUDIO CLIPS, WEBSITE, CODE, SCRIPTS, DESIGN ELEMENTS AND INTERACTIVE FEATURES) OR THE SERVICES ARE OWNED OR CONTROLLED FOR THESE PURPOSES, AND ARE RESERVED BY DUAL PERFORMANCE OR ITS CONTRIBUTORS.
8.2. ALL TRADEMARKS, SERVICE MARKS AND TRADE NAMES ARE OWNED, REGISTERED AND/OR LICENSED BY DUAL PERFORMANCE, WHO GRANTS TO YOU A WORLDWIDE, NON-EXCLUSIVE, ROYALTY-FREE, REVOCABLE LICENSE WHILST YOU ARE A MEMBER TO: 
(A) USE THE WEBSITE PURSUANT TO THE TERMS;

(B) COPY AND STORE THE WEBSITE AND THE MATERIAL CONTAINED IN THE WEBSITE IN YOUR DEVICE'S CACHE MEMORY; AND

(C) PRINT PAGES FROM THE WEBSITE FOR YOUR OWN PERSONAL AND NON-COMMERCIAL USE. DUAL PERFORMANCE DOES NOT GRANT YOU ANY OTHER RIGHTS WHATSOEVER IN RELATION TO THE WEBSITE OR THE SERVICES. ALL OTHER RIGHTS ARE EXPRESSLY RESERVED BY DUAL PERFORMANCE.

8.3.DUAL PERFORMANCE RETAINS ALL RIGHTS, TITLE AND INTEREST IN AND TO THE WEBSITE AND ALL RELATED SERVICES. NOTHING YOU DO ON OR IN RELATION TO THE WEBSITE WILL TRANSFER ANY:
(A) BUSINESS NAME, TRADING NAME, DOMAIN NAME, TRADE MARK, INDUSTRIAL DESIGN, PATENT, REGISTERED DESIGN OR COPYRIGHT, OR

(B) A RIGHT TO USE OR EXPLOIT A BUSINESS NAME, TRADING NAME, DOMAIN NAME, TRADE MARK OR INDUSTRIAL DESIGN, OR

(C) A THING, SYSTEM OR PROCESS THAT IS THE SUBJECT OF A PATENT, REGISTERED DESIGN OR COPYRIGHT (OR AN ADAPTATION OR MODIFICATION OF SUCH A THING, SYSTEM OR PROCESS),TO YOU. 

8.4.YOU MAY NOT, WITHOUT THE PRIOR WRITTEN PERMISSION OF DUAL PERFORMANCE AND THE PERMISSION OF ANY OTHER RELEVANT RIGHTS OWNERS: BROADCAST, REPUBLISH, UP-LOAD TO A THIRD PARTY, TRANSMIT, POST, DISTRIBUTE, SHOW OR PLAY IN PUBLIC, ADAPT OR CHANGE IN ANY WAY THE SERVICES OR THIRD PARTY SERVICES FOR ANY PURPOSE, UNLESS OTHERWISE PROVIDED BY THESE TERMS. THIS PROHIBITION DOES NOT EXTEND TO MATERIALS ON THE WEBSITE WHICH ARE FREELY AVAILABLE FOR RE-USE OR ARE IN THE PUBLIC DOMAIN.

9.PRIVACY

9.1. DUAL PERFORMANCE TAKES YOUR PRIVACY SERIOUSLY AND ANY INFORMATION PROVIDED THROUGH YOUR USE OF THE WEBSITE AND/OR SERVICES ARE SUBJECT TO DUAL PERFORMANCE PRIVACY POLICY, WHICH IS AVAILABLE ON THE WEBSITE.

10. GENERAL DISCLAIMER

10.1.NOTHING IN THE TERMS LIMITS OR EXCLUDES ANY GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS IMPLIED OR IMPOSED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW (OR ANY LIABILITY UNDER THEM) WHICH BY LAW MAY NOT BE LIMITED OR EXCLUDED. 

10.2. SUBJECT TO THIS CLAUSE, AND TO THE EXTENT PERMITTED BY LAW:

(A) ALL TERMS, GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS WHICH ARE NOT EXPRESSLY STATED IN THE TERMS ARE EXCLUDED; AND

(B) DUAL PERFORMANCE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE (UNLESS SUCH LOSS OR DAMAGE IS REASONABLY FORESEEABLE RESULTING FROM OUR FAILURE TO MEET AN APPLICABLE CONSUMER GUARANTEE), LOSS OF PROFIT OR OPPORTUNITY, OR DAMAGE TO GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS (INCLUDING AS A RESULT OF NOT BEING ABLE TO USE THE SERVICES OR THE LATE SUPPLY OF THE SERVICES), WHETHER AT COMMON LAW, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, PURSUANT TO STATUTE OR OTHERWISE.

10.3.USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. EVERYTHING ON THE WEBSITE AND THE SERVICES IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NONE OF THE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS OF DUAL PERFORMANCE MAKE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT THE SERVICES OR ANY PRODUCTS OR SERVICES (INCLUDING THE PRODUCTS OR SERVICES OF DUAL PERFORMANCE) REFERRED TO ON THE WEBSITE. THIS INCLUDES (BUT IS NOT RESTRICTED TO) LOSS OR DAMAGE YOU MIGHT SUFFER AS A RESULT OF ANY OF THE FOLLOWING: 

(A) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, FAILURE TO CORRECT DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, LOSS OF DATA, COMMUNICATION LINE FAILURE, UNLAWFUL THIRD PARTY CONDUCT, OR THEFT, DESTRUCTION, ALTERATION OR UNAUTHORISED ACCESS TO RECORDS; 

(B) THE ACCURACY, SUITABILITY OR CURRENCY OF ANY INFORMATION ON THE WEBSITE, THE SERVICES, OR ANY OF ITS SERVICES RELATED PRODUCTS (INCLUDING THIRD PARTY MATERIAL AND ADVERTISEMENTS ON THE WEBSITE);

(C) COSTS INCURRED AS A RESULT OF YOU USING THE WEBSITE, THE SERVICES OR ANY OF THE PRODUCTS OF DUAL PERFORMANCE; AND

(D) THE SERVICES OR OPERATION IN RESPECT TO LINKS WHICH ARE PROVIDED FOR YOUR CONVENIENCE.

11. LIMITATION OF LIABILITY

11.1. DUAL PERFORMANCES TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER ARISING, INCLUDING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), IN EQUITY, UNDER STATUTE OR OTHERWISE, WILL NOT EXCEED THE RESUPPLY OF THE SERVICES TO YOU.

11.2.YOU EXPRESSLY UNDERSTAND AND AGREE THAT DUAL PERFORMANCE, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION AND ANY OTHER INTANGIBLE LOSS.

12.TERMINATION OF CONTRACT

12.1.THE TERMS WILL CONTINUE TO APPLY UNTIL TERMINATED BY EITHER YOU OR BY DUAL PERFORMANCE AS SET OUT BELOW.

12.2. IF YOU WANT TO TERMINATE THE TERMS, YOU MAY DO SO BY:

(A) PROVIDING DUAL PERFORMANCE WITH 14 DAYS' NOTICE OF YOUR INTENTION TO TERMINATE; AND

(B)CLOSING YOUR ACCOUNTS FOR ALL OF THE SERVICES WHICH YOU USE, WHERE DUAL PERFORMANCE HAS MADE THIS OPTION AVAILABLE TO YOU. YOUR NOTICE SHOULD BE SENT, IN WRITING, TO DUAL PERFORMANCE VIA THE 'EMAIL' LINK ON OUR HOMEPAGE.

12.3 DUAL PERFORMANCE MAY AT ANY TIME, TERMINATE THE TERMS WITH YOU IF:

(A)YOU HAVE BREACHED ANY PROVISION OF THE TERMS OR INTEND TO BREACH ANY PROVISION; 

(B) DUAL PERFORMANCE IS REQUIRED TO DO SO BY LAW; 

(C) THE PROVISION OF THE SERVICES TO YOU BY DUAL PERFORMANCE IS, IN THE OPINION OF DUAL PERFORMANCE, NO LONGER COMMERCIALLY VIABLE.

12.4.SUBJECT TO LOCAL APPLICABLE LAWS, DUAL PERFORMANCE RESERVES THE RIGHT TO DISCONTINUE OR CANCEL YOUR MEMBERSHIP AT ANY TIME AND MAY SUSPEND OR DENY, IN ITS SOLE DISCRETION, YOUR ACCESS TO ALL OR ANY PORTION OF THE WEBSITE OR THE SERVICES WITHOUT NOTICE IF YOU BREACH ANY PROVISION OF THE TERMS OR ANY APPLICABLE LAW OR IF YOUR CONDUCT IMPACTS DUAL PERFORMANCES NAME OR REPUTATION OR VIOLATES THE RIGHTS OF THOSE OF ANOTHER PARTY.

13. cancellation of SUBSCRIPTION services

13.1 YOU MAY CANCEL YOUR SUBSCRIPTION TO THE elite, PROFESSIONAL, strong and lean and big and strong PROGRAMS AT ANY TIME.

13.2 YOUR SUBSCRIPTION WILL CONTINUE ON A MONTHLY RECURRING BASIS UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR THE ACCOUNT OR SERVICE IS OTHERWISE SUSPENDED OR DISCONTINUED (PURSUANT TO THESE TERMS).

13.3 DUAL PERFORMANCE SHALL NOT BE HELD RESPONSIBLE FOR CANCELING A CUSTOMERS SUBSCRIPTION; YOU WILL REMAIN RESPONSIBLE FOR YOUR Subscription FEES UNTIL YOU CANCEL YOUR SUBSCRiPtION.

13.4 YOU MUST CANCEL YOUR SUBSCRIptiON PRIOR TO THE NEXT RENEWAL DATE IN ORDER TO AVOID BILLING FOR THE NEXT BILLING PERIOD.

13.5 IF YOU CANCEL YOUR SUBSCRIPTION, CANCELLATION WILL BE EFFECTIVE AT THE END OF THE CURRENT BILLING PERIOD. YOU WILL CONTINUE TO HAVE ACCESS TO DUAL PERFORMANCE CONTENT FOR THAT PERIOD, HOWEVER YOU WILL NOT RECEIVE A REFUND OF ANY KIND.

13.6 YOU MUST CANCEL YOUR SUBSCRIPTION BY LOGGING INTO YOUR DUAL PERFORMANCE ONLINE ACCOUNT AND FOLLOWING THE INSTRUCTIONS.

14. INDEMNITY

14.2.YOU AGREE TO INDEMNIFY DUAL PERFORMANCE, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTRIBUTORS, THIRD PARTY CONTENT PROVIDERS AND LICENSORS FROM AND AGAINST:

(A)ALL ACTIONS, SUITS, CLAIMS, DEMANDS, LIABILITIES, COSTS, EXPENSES, LOSS AND DAMAGE (INCLUDING LEGAL FEES ON A FULL INDEMNITY BASIS) INCURRED, SUFFERED OR ARISING OUT OF OR IN CONNECTION WITH YOUR CONTENT;

(B)ANY DIRECT OR INDIRECT CONSEQUENCES OF YOU ACCESSING, USING OR TRANSACTING ON THE WEBSITE OR ATTEMPTS TO DO SO; AND/OR

(C)ANY BREACH OF THE TERMS.