Legal
Sales Disclaimer: All sales are final, no refunds. By purchasing our products and/or using our services, you confirm you have reviewed and agreed to the Terms & Conditions, Terms of Use, Disclaimer, Privacy Policy and Cancellation Policy found at Mas-Sajady.com/legal.
Terms of Use & DMCA Notice
Effective Date: April 25, 2022
1. Parties. The parties to these Terms of Use are you, and the owner of this massajady.com website, Sajady Fit LLC (“Sajady Fit”). All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and Sajady Fit.
2. Use And Restrictions. Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this massajady.com website, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
3. Modification. We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page.
4. How We Treat Postings To This Site (Blog, Forum, or Chat Room).
4.1 We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
4.2 We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to a blog, forum or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
4.3 By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice. This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring. We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
7. Separate Agreements. You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
8. Ownership. The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
9. DMCA Notice. This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Sajady Fit LLC
16526 W 78th St.
Suite 264
Eden Prairie, MN 55346
Contact: team@thexicode.com
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
10. Disclaimers.
10.1 THIS SITE AND THE PRODUCTS ARE PROVIDED “AS-IS”. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THIS SITE AND THE PRODUCTS. WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, RELATING TO THIS SITE AND THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE OR THE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10.2 THE PRODUCTS HELP YOU REPROGRAM YOUR CORE FREQUENCIES TO HELP YOU TRANSFORM YOUR LIFE. MAS SAJADY IS NOT A DOCTOR; HE DOES NOT HAVE THE POWER TO HEAL, NOR DOES HE OR ANY OF THE PRODUCTS OR CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, TREAT ANY DISEASE OR MEDICAL CONDITION. THE PLATFORM, INCLUDING ALL PRODUCTS AND CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED OR RELIED UPON UNDER ANY CIRCUMSTANCES, TO PROVIDE, MEDICAL, PSYCHOLOGICAL, FINANCIAL, LEGAL, BUSINESS, OR INVESTMENT ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD SEEK APPROPRIATE PROFESSIONALS FOR ANY SUCH ADVICE.
10.3 THIS WORK IS TRANSFORMATIONAL AND VERY INTENSE. YOU MAY FIND IT SIGNIFICANTLY CHALLENGING AS OLD PATTERNS SHIFT. WORKING WITH MAS SAJADY REQUIRES ABSOLUTE OWNERSHIP AND PERSONAL ACCOUNTABILITY. IF YOU ARE WEAK, TEND TO BLAME OTHERS, AND/OR ARE UNWILLING OR UNABLE TO TAKE PERSONAL RESPONSIBILITY, PLEASE DO NOT PROCEED WITH REGISTERING OR PARTICIPATING IN ANY PART OF OUR PRODUCTS, CONTENT, OR EVENTS.
10.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS. NO PURCHASE OR USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Consequential Damages Waiver. IN NO EVENT SHALL (i) MAS SAJADY, INDIVIDUALLY, AND (II) SAJADY FIT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PRODUCTS, ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Liability Cap. Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the price you paid for the applicable Product.
13. Links to This Site. We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive manner. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
14. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
15. Participation In Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Sajady Fit LLC
16526 W 78th St.
Suite 264
Eden Prairie, MN 55346
Contact: team@thexicode.com You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Minneapolis, MN, USA, and may be conducted by video conference call. The arbitrator shall apply the laws of the State of Minneapolis, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
18. Controlling Law. This Agreement shall be construed under the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
19. Jurisdiction and Venue. The courts of Hennepin County in the State of Minnesota, USA and the U.S. District Court for the District of Minnesota shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. Each party submits to the personal jurisdiction and venue of such courts and waives any objection thereto, including based on forum non conveniens.
20. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
21. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
22. Force Majeure. We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
23. Miscellaneous. These Terms of Use constitute the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. These Terms of Use may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
Terms & Conditions
Effective Date: April 25, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ORDERING PRODUCTS ONLINE FROM THE SAJADY FIT PLATFORM (DEFINED BELOW). NOTE THAT THESE TERMS AND CONDITIONS INCLUDE ADDITIONAL TERMS AND CONDITIONS THAT ARE INCORPORATED HEREIN BY REFERENCE BELOW.
SAJADY FIT LLC (“SAJADY FIT”) SELLS ITS PRODUCTS (DEFINED BELOW) FROM ITS MASSAJADY.COM WEBSITE, SOCIAL MEDIA PRESENCE, MOBILE APP, OR ONE OF SAJADY FIT’S OTHER PRODUCTS, ALL OF WHICH COMPRISE SAJADY FIT’S PLATFORM (“PLATFORM”).
SAJADY FIT IS WILLING TO SELL PRODUCTS TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THESE TERMS AND CONDITIONS (“TERMS”) WHICH COMPRISE A LEGALLY ENFORCEABLE CONTRACT.
SAJADY FIT MAY REVISE THESE WITHOUT NOTICE BY POSTING REVISED TERMS AND CONDITIONS ON ITS PLATFORM. THE TERMS AND CONDITIONS POSTED ON THE PLATFORM AT THE TIME YOU PLACE YOUR ORDER ON THE PLATFORM WILL GOVERN THAT PURCHASE.
1. Incorporated and Applicability of Terms’ Your Reps and Warranties.
1.1 These Terms also include the following terms that are hereby incorporated herein by this reference: our Privacy Policy and Cancellation Policy.
1.2 THESE TERMS ALSO APPLY TO ALL PURCHASES THAT YOU HAVE MADE FROM US IN THE PAST, AND MAKE FROM US IN THE FUTURE BEGINNING WITH THE EFFECTIVE DATE SPECIFIED ABOVE.
1.3 You hereby represent and warrant, as follows for each course for which you elect to participate:
I have assessed and will assess my own emotional, mental and physical well-being, and that before participating in any course, I will have concluded that I wish to, and am able to, participate in the courses for which I elect to participate.
Regardless of any disclosures or written approvals, upon acceptance into any course for which I elect to participate, I will continue to bear sole responsibility for my well-being.
I understand that there will be emotional and mental risks associated with participation in courses offered by Masati.
I voluntarily and knowingly accept and assume each of the risks and other matters set forth in this paragraph.
2. Parties. The parties to these Terms are you (“you”, “your”, and “yourself”), and Sajady Fit (“we”, “us”, and “our”).
3. Eligibility. To place an order on the Platform, you must (i) be a consumer purchasing for your own internal use, and not a reseller, and (ii) at least 13 years old. We provide Products (defined below) for live events to children under age 13 provided that (i) the purchaser is your parent or legal guardian (not you), and (ii) your parent or guardian signs our COPPA Parental Consent Form prior to the event, and (ii) accompanies you to the event.
4. Purchase of Licensed Products.
4.1 Our products include (i) digital content downloads (if applicable), and/or (ii) access to the specific services, content, and products that we make available for purchase via the Platform (“Products”). WHEN YOU PLACE AN ORDER, PLEASE UNDERSTAND THAT YOU ARE PURCHASING A LICENSE FOR THE PRODUCTS, NOT THE PRODUCTS THEMSELVES.
4.2 To place an order, you need an e-mail address, and you may need to set your browser to accept both (functional) cookies and pop-ups in order to be able to use all the functionalities of our massajady.com
website. When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when we send you an email confirming your order (“Order Confirmation”). At this point a contract, containing these Terms, is created and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms and the relevant Order Confirmation for future reference. If we are unable to supply you with a Product, we will inform you of this in writing and will not process the order.
4.3 We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:
your billing information is not correct or not verifiable;
your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
your bank transfer payment is not received within 12 calendar days after acceptance of your order;
we believe that you are a reseller;
there was an error in the price displayed on the Platform;
due to a Force Majeure event (see below);
download difficulties (where applicable), or
in the event of misspelling, pricing or other errors or mistakes in the Platform information.
4.4 When you submit your order, we may run some checks on it before it is fulfilled. These checks may include verifying your address and checking for fraud. We run partly automated checks on all purchases to filter out unusual or suspect transactions, or transactions which can be identified as susceptible to fraud. Suspected fraud on the Platform will be investigated and if necessary prosecuted.
4.5 Subject to these Terms, we hereby grant to you a fully-paid, non-exclusive limited copyright license to download (if applicable), and use the Products under Contract only for your own personal use and not for any commercial use or other purpose. Products are limited for access and use on a one-per-household basis, unless specified for use only by you. You may not display, publish, perform publicly, copy or duplicate in whole or in part, modify, or create derivative works based on the Products. You may not (i) transfer, assign, resell, or sublicense the Products, or (ii) “frame” or “mirror” the Products on any other server or Internet-enabled device. You are not authorized to use our Products or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion. Except for the above limited rights, all other rights are reserved. We will treat any violation of the foregoing licensing restrictions as an act of copyright infringement.
5. Ownership. Our Products are protected by law, including without limitation, United States copyright law and international treaties. We retain sole and exclusive ownership of all intellectual property rights that are embodied in the Products.
6. Pricing and Currency. The Product prices displayed on the Platform are inclusive of all sales-related taxes including any applicable Value-Added Tax (VAT). Shipping rates are applied per order.
Prices are quoted in U.S Dollars.
7. Payment Processing. We will submit the amount due from your credit or debit card for processing at the time of our issuance of your Order Confirmation. In the event that we are not able to process your order within 3 calendar days after you submit your order, your order will automatically be canceled.
8. Disclaimers.
8.1 THE PRODUCTS ARE PROVIDED “AS-IS”. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE PRODUCTS. WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, RELATING TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS: (A) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (B) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.2 THE PRODUCTS HELP YOU REPROGRAM YOUR CORE FREQUENCIES TO HELP YOU TRANSFORM YOUR LIFE. MASATI IS NOT A DOCTOR; HE DOES NOT HAVE THE POWER TO HEAL, NOR DOES HE OR ANY OF THE PRODUCTS OR CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, TREAT ANY DISEASE OR MEDICAL CONDITION. THE PLATFORM, INCLUDING ALL PRODUCTS AND CONTENT ON OR AVAILABLE THROUGH THE PLATFORM, ARE NOT INTENDED, AND SHOULD NOT BE CONSTRUED OR RELIED UPON UNDER ANY CIRCUMSTANCES, TO PROVIDE MEDICAL, PSYCHOLOGICAL, FINANCIAL, LEGAL, BUSINESS, OR INVESTMENT ADVICE, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. YOU SHOULD SEEK APPROPRIATE PROFESSIONALS FOR ANY SUCH ADVICE.
8.3 THIS WORK IS TRANSFORMATIONAL AND VERY INTENSE. YOU MAY FIND IT SIGNIFICANTLY CHALLENGING AS OLD PATTERNS SHIFT. WORKING WITH MASATI REQUIRES ABSOLUTE OWNERSHIP AND PERSONAL ACCOUNTABILITY. IF YOU ARE WEAK, TEND TO BLAME OTHERS, AND/OR ARE UNWILLING OR UNABLE TO TAKE PERSONAL RESPONSIBILITY, PLEASE DO NOT PROCEED WITH REGISTERING OR PARTICIPATING IN ANY PART OF OUR PRODUCTS, CONTENT, OR EVENTS.
8.4 THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS AND THE CONTRACT. NO PURCHASE OR USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Consequential Damages Waiver. IN NO EVENT SHALL (i) MASATI, INDIVIDUALLY, AND (II)SAJADY FIT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE PRODUCTS, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE PRODUCTS, ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Liability Cap. Our aggregate liability, if any, including liability arising out of contract, negligence, strict liability in tort or warranty, or otherwise, shall not exceed the price you paid for the applicable Product.
11. Indemnity. You agree to indemnify and hold harmless (i) Masati, individually, and (ii) Sajady Fit and each of its and their respective subsidiaries, parents or affiliated entities (as applicable), including without limitation, their respective directors, officers, employees, agents, interns, contractors, sponsors, speakers, partners, representatives (each, an “Indemnitee”) from and against any losses, damages, obligations, claims, deficiencies, liabilities, costs and expenses of any kind (including taxes, fees, fines, penalties, levies, judgments, settlements, interest, reasonable expenses of investigation, the costs of enforcing any right to indemnification hereunder, the cost of pursuing any insurance providers, remediation and defense costs, attorneys’ fees and disbursements) as incurred (collectively, “Losses”) suffered (Losses) by any Indemnitee arising out of your purchase or use of, or reliance upon, any of the Products.
12. Events; Waiver, Indemnity and Media Release.
12.1 You may participate in an event produced and provided by us, whether in person or by audio or video conference (each an “Event”). An Event may occur on one day or may be a series of events over a period of many days over a period of time, which in the case of the latter, the aggregate of the series of events shall be considered one and the same “Event”.
12.2 You are not authorized to record, video, or otherwise copy or replicate the content or any aspect of any Event.
12.3 You hereby represent that you are in good health and in proper physical condition to participate in the Event and that it is your sole responsibility to determine whether you are sufficiently fit and healthy enough to participate in the Event. YOU HEREBY ACKNOWLEDGE AND ASSUME ALL OF THE RISKS OF PARTICIPATING IN THE EVENT, including, without limitation, physical and mental rigors associated with the activities included in the Event; slipping and falling; accidents; illness including without limitation COVID-19; contact or collision with other participants, spectators, vehicles or other natural or manmade objects; imperfect conditions; equipment failure; equipment and facility conditions; inadequate safety measures; participants of varying skill levels; situations beyond the immediate control of the Event organizers; any other personal injury or bodily injury (including without limitation death or disability), property damage or loss, and damage of any other kind. YOU REPRESENT THAT YOU HAVE READ AND FULLY UNDERSTAND THIS WAIVER AND IN CONSIDERATION OF THE ACCEPTANCE OF YOUR ENTRY, FOR YOURSELF AND ANYONE LEGALLY ACTING ON YOUR BEHALF, YOU HEREBY RELEASE, WAIVE AND COVENANT NOT TO SUE, AND FURTHER AGREE INDEMNIFY AND HOLD HARMLESS (I) MASATI, INDIVIDUALLY, AND (II) SAJADY FIT AND EACH OF ITS AND THEIR RESPECTIVE SUBSIDIARIES, PARENTS OR AFFILIATED ENTITIES (AS APPLICABLE), INCLUDING WITHOUT LIMITATION, THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INTERNS, CONTRACTORS, SPONSORS, SPEAKERS, PARTNERS, REPRESENTATIVES (EACH, AN “INDEMNITEE”), FROM ANY AND ALL CLAIMS, LIABILITIES OR CAUSES OF ACTION, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, PROPERTY DAMAGE, OR ANY OTHER LOSS, DAMAGE OR INCONVENIENCE WHATSOEVER SUFFERED BY ANY INDEMNITEE, ARISING FROM YOUR PARTICIPATION IN THE EVENT. You agree to be familiar with and abide by the rules and regulations established from time to time by the Event organizer for the Event. You further accept sole responsibility for your own conduct and actions while participating in the Event.
12.4 Regarding your participation in the Event, you hereby grant full permission to use to record and video your participation in the Event including the right to use your name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including, but not limited to, online and on-air announcements, weekly circular ads, signage, posters, television, magazine articles, websites, social media sites (including without limitation Facebook and Twitter), and any other publication(s) at Sajady Fit’s sole discretion, worldwide and without limitation, and without additional compensation or consideration, except where prohibited by law. You hereby waive any right to inspect or approve the finished photographs, videos, or electronic matter that may be used in conjunction with them now or in the future, whether such material is composite, or distorted in character or form, and whether that use is known to me or unknown. You waive any right to royalties or other compensation arising from or related to the use of the images and videos of me. You further release Sajady Fit from any liabilities, known or unknown, arising out of your use of this material.
13. Testimonials; Consent and Release.
13.1 You may provide to us a testimonial in written form only, written form with a photo, audio or video form (each an “Testimonial”).
13.2 You hereby give to us and to our legal representatives and assigns, and those acting with our authority and permission, the unrestricted, irrevocable, worldwide, royalty-free right and license to copyright and use, re-use, publish, and republish, Testimonials including any written Testimonials, photos you provide, still photo shots derived from any videos your provide, and/or audio recordings of me or in which I may be included intact or in part, in composite or distorted in character or form, and without restriction as to changes or transformations for the following purposes and media: unlimited commercial purposes and through any and all media and methods of distribution, now known or hereafter developed. All rights for privacy and publicity are hereby waived. You hereby relinquish any right that you may have to examine or approve the final photos, videos including any still photo shots derived from the videos, and any completed product or products authorized in this release. You also grant to us rights to make minor grammatical edits to the text of a Testimonial provided the edits do not change the essence of the Testimonial.
13.3 In giving your Testimonial, you represent that (i) you are authorized to grant this Testimonial, (ii) your Testimonial is truthful and based on your actual use of the Product that is described in your Testimonial, (iii) you have not been incentivized to grant your Testimonial, and (iv) you do not have any connection or relationship such as a family or employment relationship with us or Masati that would influence you to grant your Testimonial.
13.4 You agree that your Testimonial and these terms shall be binding upon you and your heirs, legal representatives and assigns.
14. Links to Third Party Websites. We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.
15. Participation in Promotions of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
16. Consumer Rights Information; California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Sajady Fit LLC
16526 W 78th St.
Suite 264
Eden Prairie, MN 55346
Contact: team@thexicode.com
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
17. Your Personal Data. In the event that we receive a request to disclose all or any part of your personal data under the terms of a valid and effective subpoena or order issued by a court of competent jurisdiction or by a Governmental Authority, we agree to (i) immediately notify you of the existence, terms and circumstances surrounding such a request; (ii) consult with you regarding the advisability of taking legally available steps to resist or narrow such request; and (iii) if disclosure of such personal data is required, exercise commercially reasonable efforts to assist you with obtaining an order or other reliable assurance that such personal data will be accorded to reasonable confidentiality and data security protections.
18. Arbitration. Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Minneapolis, MN, USA, and may be conducted by video conference call. The arbitrator shall apply the laws of the State of Minneapolis, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
19. Controlling Law. This Agreement shall be construed under the laws of the State of Minnesota, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20. Jurisdiction and Venue. The courts of Hennepin County in the State of Minnesota, USA and the U.S. District Court for the District of Minnesota shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement. Each party submits to the personal jurisdiction and venue of such courts and waives any objection thereto, including based on forum non conveniens.
21. Onward Transfer of Personal Information Outside Your Country of Residence. Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities. You consent to any such transfer of personal information outside your country of residence to any such location.
22. Severability. If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
23. Force Majeure (Events Beyond Our Control).
23.1 A Force Majeure event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
23.2 If Force Majeure event occurs that causes us to not be able to perform our obligations under these Terms: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure event. You may cancel the Contract if a Force Majeure event causes us to be completely unable to perform the Contract. Please see your cancellation rights under our Cancellation Policy.
24. Assignment. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms of Sale to another person if given prior written consent.
25. Miscellaneous. These Terms constitute the entire understanding of the parties with respect to the subject matter of this Agreement and merges all prior communications, understandings, and agreements. This Agreement may be modified only by a written agreement signed by the parties. The failure of either party to enforce at any time any of the provisions hereof shall not be a waiver of such provision, or any other provision, or of the right of such party thereafter to enforce any provision hereof.
End of Terms and Conditions.
Disclaimer
Masati helps you reprogram your core frequencies to help you transform your life. Mas is not a doctor; he does not have the power to heal, nor does he treat any disease or medical condition. There are no specific generally expected results. There is no guarantee; you may not achieve any specific results. This website, including all services, products and content provided herein, is not intended, and should not be construed or relied upon under any circumstances, to provide, medical, psychological, financial, legal, business, or investment advice, or any other type of professional advice. You should seek appropriate professionals for any such advice.
All information provided by (i) this website, including without limitation, all related services, products, content and communications, (ii) any website personnel, officers, agents or volunteers, or (iii) Masati, individually, is not intended to be, and should not be construed as or relied upon as a substitute for medical, psychological, or mental health-related advice, diagnosis, or treatment. There is no warranty regarding any such information; all warranties, both express and implied are hereby disclaimed. For an accurate diagnosis of a mental health disorder, you should seek an evaluation from a qualified mental health professional. If you are feeling suicidal, thinking about hurting yourself, or are concerned that someone you know may be in danger of hurting himself or herself, call the National Suicide Prevention Lifeline at 1-800-273-TALK(8255) or the Suicide Hotline: 1-800-SUICIDE (1-800-784-2433), both of which are staffed by certified crisis response professionals, or call 911.
Cancellation Policy
Effective April 25, 2022
The Cancellation Policy below applies to all products and live events sold directly on our massajady.com website by Sajady Fit LLC. This Cancellation Policy cannot be retroactively applied to previous cancellations. Note: Any products or live events sold by a 3rd party partner are subject to their Cancellation Policy (and not this Cancellation Policy).
Eligible Cancellations: Please allow up to 10 business days for your refund to be processed and reflected in your account.
Disqualified Cancellation: The full amount will be donated in your honor to one of the charities we support such as Rainforest Flow, Smile Train, Doctors without Borders, Loving Service Foundation, St. Jude Children’s Hospital.
Digital Products & Online Events/Programs/Courses: All sales are final. No refunds. No exchanges. No customer credit. No exceptions. Please review product details carefully before purchasing.
In-Person Events: Please email your written cancellation notice to team@thexicode.com
Cancellation received at least 2 weeks (14 days) prior to the event, a full refund will be issued less a $50 administrative fee.
Cancellation received within 2 weeks (14 days) of the event –
1) If your spot is filled, a full refund will be issued less a $50 administrative fee
2) If your spot is not filled, no refund will be givenNo Show or Late Arrival for any reason forfeits your ticket. No refund in full or partial. No make-up session and No rescheduling will be given.
Sessions with Mas: Please cancel your session online or email your written cancellation request to sessions@thexicode.com
Cancellation received at least 24 hours before the appointment time, a full refund will be issued less a $50 administrative fee. If canceling the appointment yourself please email sessions@thexicode.com for a refund as our online system does not process this out automatically.
Cancellation made within 24 hours of the appointment, no refund and no customer credit will be given.
No Show or Late Arrival for any reason forfeits your appointment. No refund and no customer credit in full or partial, no make-up session and no rescheduling will be given
In-Person Sessions: These are non-refundable except in extenuating circumstances and at our sole discretion. If a refund is approved, an administrative fee of $50 will be charged. Please email your written cancellation request to team@thexicode.com for review.
Human Upgrade: These are non-refundable except in extenuating circumstances and at our sole discretion. Please email your written cancellation request to team@thexicode.com for review.
Non-Refundable Deposits are non-refundable and non-transferable. However, the balance is subject to this Cancellation Policy.
Produced Content: All content produced by Sajady Fit LLC, including but not limited to audio, video, and all other products and media, are subject to full copyright protection under US law. Any use or republication of this content without the express written consent of Sajady Fit LLC is strictly prohibited.
Privacy Policy
Sajady Fit LLC is committed to operating in total integrity, and this includes the handling of personal information given to us by our clients and customers. For this reason we have proactively adopted the rules set forth by the European General Data Privacy Regulations (GDPR), and have edited our Privacy Policy to make it easier to read and for you to learn how we collect, use and protect your information, as well as how you may edit or remove your information from our system. Many relevant questions and details regarding our care of your data are covered by the links below – simply click on them to jump to that specific section of the Privacy Policy. We welcome any additional questions about our management of your information and your rights as our customer by emailing us at team@thexicode.com.
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PRIVACY POLICY
Effective Date: April 25, 2022
Sajady Fit LLC (“Sajady Fit”) owns and operates this massajady.com website business. All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean Sajdy Fit.
This Privacy Policy outlines our handling practices and how we collect and use the Personal Data (defined below) that you provide during your online and offline interactions with us. (See below, PERSONALIZED ADS) Our Privacy Policy applies to all of the services offered by us and our affiliated entities, including services accessed by mobile devices and application programming interface (API), but excludes services that have separate privacy policies which do not incorporate this Privacy Policy.
Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, web beacons (pixel tags), and other methodologies to serve personalized ads (See below, PERSONALIZED ADS).
If you are a resident of the European Economic Area (EEA), you have specific rights as described in this Privacy Policy. We will act as the controller if we collect Personal Data from you directly.
HOW WE MODIFY THIS PRIVACY POLICY
We may modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Privacy Policy” link on this site’s home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy.
Regarding Personal Data (defined below), if any modifications are materially less restrictive on our use or disclosure of the Personal Data previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are from the European Economic Area (EEA), our legal basis for collecting and using Personal Data described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.
We may process your Personal Data because:
We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it’s not overridden by your rights
For payment processing purposes
To comply with the law
THE TYPES OF DATA WE COLLECT
Personal Data.
“Personal Data” means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession)..
Personal Data may include, but is not limited to:
First name and last name
Email address
Phone number
Business name
Website URL
Address, State, Province, ZIP/Postal code, City
Any Personal Data you post on our website
Any Personal Data you post on a social media platform
Data about how you use our website
Technical data such as your IP address, your login data, details about your browser, time zone settings and other technology on the devise you use to access our website
Your marketing and communication preferences
Any information that you directly provide to us whether through our contact form, over the phone, by email or otherwise
Photographs of you at events
Geo-location data
Cookies and Usage Data
Passively or Automatically Collected Data (“Usage Data”).
We may also collect information regarding how the service is accessed and used. This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
In addition, we, our affiliated entities, and our marketing partners including third-party service providers, advertisers, advertising networks and platforms, and advertising agencies may use automated means to collect various types of information about you, your computer or other device used to access this site or its services. This information is based on your usage of this site, including information collected automatically from this site (or by our marketing partners employed in this site).
HOW AND WHEN WE COLLECT INFORMATION
Personal information. We collect Personal Data at the time you provide it to us. We collect Personal Data through sign-up forms and as part of your registration for an account, product, or service, promotion, or contest from this website. Personal Data that we collect may vary with each sign-up or registration. In addition, we collect personal information from all communications with site visitors including without limitation, text messages, faxes, telephone calls, and regular “snail mail”, as well as from third-party outside sources. As indicated above, we may collect publicly available Personal Data posted on social media profile information including photos both directly and through the use of contact management applications. We may also record client sessions with Mas for our own internal documentation processes.
Your Communications With Us. We collect Personal Data that we receive from you as you communicate with us. If you complete a signup form subscribing to information from our site or to participate in our mailing list activities, we will receive your Personal Data from our email services and/or autoresponder service.
Usage Data. We collect Usage Data as you use this site, including your interactions with emails we send, and via social media platforms, third-party platforms, third-party websites, applications, integrations, and services of our marketing partners. This data may be passively or automatically collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies, web beacons, locally stored objects, and mobile device identifiers and SDKs, and other similar methodologies as well as similar technologies developed in the future. (See below, SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS.)
HOW WE USE YOUR INFORMATION
We may use your Personal Data and Usage Data for the performance of the services or transaction for which it was given and for the basic purpose of this site. We may use your Personal Data in connection with other products, services, promotions, personalized ads (See below, PERSONALIZED ADS), or contests we may offer, and our private, internal reporting for this site, and security assessments for this site. We may also send you messages related to certain features or your activity on this site. We may also send you news or updates about changes to our site or services. By default, you will receive these messages via email.
We may also record client sessions with Mas for our own internal documentation processes.
We may use publicly available Personal Data posted on social media profile information including photos for purposes of assisting us, and our marketing partners with marketing and advertising activities and with contact management.
RETENTION OF DATA
We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.
We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer time periods.
TRANSFER OF DATA
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy, and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
DISCLOSURE OF DATA
General Disclosure Policy. We may share and disclose your Personal Data as described below.
Affiliated Entities. We may provide your Personal Data and Usage Data to any affiliated entities we may have, including our subsidiaries. Affiliated entities are entities that we legally control (by voting rights) or that control us.
Service Providers. We may provide access to your Personal Data and Usage Data to our trusted service providers that assist us with the operation and maintenance of this site. For example, we may contract with third parties to finance purchases from this site, process payments, host our servers, provide security, and provide production, fulfillment, optimization, analytics, reporting, and software maintenance and development services. In addition, our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.
Successors. If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Data and Usage Data. In such an event, we will require the buyer or transferee to agree to our commitments provided in this Privacy Policy.
Legal Process, Enforcement and Security Notice. We may disclose your Personal Data and Usage Data if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site. Internal recordings of client sessions with Mas will only be shared if required by a court of law.
Marketing Partners. We may share your Usage Data with our marketing partners to serve and offer personalized ads. We may share Personal Data with our marketing partners to correlate and match our list with our marketing partners’ lists for purposes of creating an “audience” for serving personalized ads (See below, PERSONALIZED ADS).
With Your Consent. We may share your Personal Data with other parties with your consent.
YOUR DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. We will take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS
In order to provide better service for our site, we may use cookies and other data collection methodologies discussed below to collect Usage Data to store your preferences and information about what pages you visit and past activity at our site and other websites. This information helps us display personalized ads (See below, PERSONALIZED ADS), compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our site. For information about cookies from the FTC website visit this site.
“Cookies” are tiny pieces of information stored by your browser on your computer’s hard drive. Cookies are also used to customize content based on your browser. Most browsers are initially set to accept cookies. If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies. Please remember, however, that cookies may be required to allow you to use certain features of our site.
Flash Cookies – third party cookies that use an Adobe Flash Media Player local shared object (LSO) – may be used along with other third party cookies for purposes of crediting any purchase you may make on this site to one of our joint venture partners that may have referred you to us. These cookies will be used for purposes of crediting sales to the referring joint venture marketing partner. Flash cookies are not the same as “browser cookies”. The Adobe Flash Media Player is software that enables users to view content on their computers. Flash cookies are also accompanied by a browser cookie. If you delete the browser cookie, the Flash cookie may automatically create (or re-spawn) a replacement for the browser cookie.
Web Beacons (sometimes called single-pixel gifs or clear gifs) are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.
Locally Stored Objects – we may employ locally stored objects (“LSOs”) and other client-side storage tracking technologies in certain situations where they help to provide a better user experience, such as to remember settings, preferences and usage similar to browser cookies, or in order to target or help our Partners target ads (See below, PERSONALIZED ADS), analyze ad performance, or perform user, website or market analytics. For LSOs utilized by Adobe Flash you can access Flash management tools from Adobe’s website: –> Click here to learn more. In addition, some, but not all browsers, provide the ability to remove LSOs, sometimes within cookie and privacy settings.
PERSONALIZED ADS
We may participate with our marketing partners for purposes of providing personalized ads based on your interests. This activity is performed by collecting Usage Data and by using cookies and other tracking and data collection methodologies discussed above to transfer information to our marketing partners which manage advertising activities.
Our marketing partners may also use cookies and other tracking and data collection methodologies discussed above to measure advertisement effectiveness and for other purposes that are disclosed in their own privacy policies. We have no access or control over these cookies and other tracking and data collection methodologies that may be used by our marketing partners, and we have no responsibility or liability for the privacy policies and practices of these sites.
AdWords (Google) – We may participate in AdWords program which is a personalized ad service provided by Google Inc. that connects the activity of this site with the Adwords advertising network and the Doubleclick cookie. Information collected: cookie and Usage Data. For the opt-out, visit this site.
Google Analytics for Display Advertising (Google) – We may participate in any and all of the following Google Analytics Advertising Features provided by Google: Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. These features use first party cookies (such as the Google Analytics cookie) for connecting the tracking activity performed by Google Analytics and its cookies with the Adwords advertising network and the DoubleClick cookie (a third-party cookie).
Information collected: cookie and Usage Data, including audience data such as age, gender, and interests. For the opt-out, visit this site. You may opt-out of the Google Analytics service with the Google’s Browser Add-on that’s available here.
For information in general about Google’s personalized ad campaigns, and specifically about information regarding DoubleClick cookies and how to control and manage Google’s advertising cookies for these campaigns, visit this site.
For another Google resource for opting out of Google’s use of cookies, visit this site.
For information regarding how Google uses data when you use Google’s partners’ sites or apps, visit this site.
For an additional resource recommended by Google for opting out of a third party vendor’s use of cookies, visit this site.
Custom Audience (Facebook): We may participate in Facebook.com’s Custom Audience program which enables us to display personalized ads to persons on our email lists when they visit Facebook.com. We provide Personal Data such as your email address and phone number to Facebook to enable Facebook to determine if you are a registered account holder with Facebook. You may opt-out of participation in our Facebook Custom Audience by sending an email, from the email address you are opting out of, to the email address provided in our contact information below. For your opt-out to be effective, you must: (i) place the following text in the subject line of the email – “Opting Out of Facebook.com Website Custom Audience Ads”, and (ii) in the body of the email, include your name and email address. We will forward your name and email address to Facebook.com with a request to delete you from all of our Facebook Custom Audience Ads.
Tailored Audiences/Conversion Tracking Programs (Twitter): We may participate in Twitter.com’s Tailored Audiences/Conversion Tracking Programs which enable us to display personalized ads. You may opt-out of participation in these programs by visiting this site.
Other Personalized And Behavioral Advertising Services. We may participate in additional retargeting and behavioral advertising services that will be similar to the services described above.
Managing Personalized Ads. You can control the placement of cookies and other data collection methodologies for purposes of opting out through the links above or by emailing us.
Managing Cookies Via Your Browser. You should note that although most browsers are initially set up to accept cookies, you may be able to change your browser settings to cause your browser to refuse first party or third-party cookies or to indicate when a third-party cookie is being sent. However, disabling or limiting cookies may cause certain features of this website to not function properly or optimally. Check your browser’s “Help” files or other similar resources to learn more about handling cookies on your browser. To learn more, visit this site.
Managing Flash Cookies. Flash cookies, also called local shared objects (LSOs), function similarly to standard cookies except that they are often larger and are downloaded to a computer or mobile device by the Adobe Flash Player. In some cases, these Flash cookies can be managed through browser settings. Adobe also provides a means of controlling Flash cookies on its Flash Player: Setting Manager page.
Network Advertising Initiative (NAI). A number of companies that use cookies to collect information about your online activities are members of NAI, which offers a single location to opt out of receiving personalized ads from member companies. To opt out of information collection by NAI member companies, or to obtain information about the technologies they use or their own privacy policies, please visit the NAI consumer opt-out page.
Digital Advertising Alliance (DAA). DAA member advertising associations have developed an industry self-regulatory program to give consumers a better understanding of and greater control over ads that are customized based on their online behavior across different websites. To make choices about interest-based ads from participating third parties, please visit DAA Consumer Opt-Out page.
Opting Out With Ad Choices For Mobile Devices. When using mobile applications you may receive personalized in-application advertisements. Depending on your device, you may be able to reset your mobile device’s advertising identifier at any time by accessing the privacy settings on your mobile device. In addition, each operating system (iOS for Apple phones, Android for Android devices and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of personalized in-application advertisements. You may review the support materials and/or the privacy settings for the respective operating systems in order to opt-out of these advertisements. For any other devices and/or operating systems, please visit the privacy settings for the applicable device or contact (or review the applicable privacy web page of) the applicable platform operator.
ANALYTICS
We may participate with third party analytics partners to monitor and analyze Web traffic and to keep track of user behavior on this site.
Google Analytics (Google) – Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the data collected to track and examine the use of this site, to prepare reports on its activities, and to share them with other Google services. Information collected: cookie and Usage Data. Visit their Privacy Policy here. You may opt-out of the Google Analytics service with the Google’s Browser Add-on at this site.
DO NOT TRACK REQUESTS
Some Web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates “Do Not Track” signals to websites differently, making it unworkable to honor each and every request correctly. In order to alleviate any communication error between browsers and website, we do not respond to “Do Not Track” signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor “Do Not Track” signals and may make changes to our policy.
DATA SECURITY
We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion. Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure. Therefore, while we strive to protect your Personal Data by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.
When you transmit Personal Data through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).
ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE
Any Personal Data which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, agents or subprocessors maintain facilities. By using this site, you consent to any such transfer of Personal Data outside your country of residence to any such location.
HOW TO ACCESS/CHANGE/REMOVE YOUR PERSONAL INFORMATION FROM OUR DATABASE
To access your personal information and change your personal preferences regarding contact, please click the “update your preferences” or “unsubscribe from this list” links at the bottom of any email you receive from us, or email us with your request – Click here to bring up that email form automatically.
LINKS TO JOINT VENTURE MARKETING PARTNER SITES
This site may contain links to other websites operated by our joint venture marketing partners. If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites. We have no responsibility or liability for the policies and practices of these sites. You should be careful to review any privacy policies posted on any of these sites before providing information to them.
CHILDREN’S ONLINE POLICY
We are committed to preserving online privacy for all of our website visitors, including children. This site is a general audience site. Consistent with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13. If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child’s information, please contact our site as provided below under “Contact Us”, and be sure to include in your message the same login information that your child submitted.
CONTACT US
Your California Privacy Rights. Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to the email address provided in our contact information below and include the phrase “California Privacy Request” in the subject line, the domain name of the website you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request. To address your individual rights, or if you have any questions regarding this Privacy Policy, please contact us at team@thexicode.com.
Accessibility Statement
Effective Date: April 25th, 2022
We believe in the goal of global inclusion by empowering people to be more productive through digital accessibility. We are committed to working to ensure accessibility for people with disabilities by incorporating the relevant accessibility standards for our website (at this time we do not have a physical place of public accommodation).
To help us create a positive and productive experience for everyone who uses our website (including any related app we may have), we have incorporated UserWay as our accessibility solution at this time based on our understanding and consideration of all reasonable efforts available for removing accessibility impediments that are readily achievable.
Disclaimer: please understand that UserWay is not a complete solution; however, UserWay does provide the following improvements regarding usability: UserWay helps with navigatability by (i) adjusting the size, spacing, and alignment of text, (ii) improving contrast ratio, fonts, and text color so that they are easier to read, and (iii) magnifying the cursor and highlighting links to make them more clickable.
If you enjoyed using our website, or if you experienced any accessibility issues, please let us know. We welcome your suggestions. You can contact us with the following contact information.
Sajady Fit LLC
Attn: Compliance Officer
16526 W 78th St., Suite 264
Eden Prairie, MN 55346
Email: team@thexicode.com
