Terms of Use

Fine Form Coaching Terms of Use

March 14, 2020

 

Welcome to the Fine Form Coaching Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website, which can be accessed at www.fineformcoaching.com or through our mobile platform on the Wix application http://wix.to/TsCQB7Q. “Service” refers to the Company’s services accessed via the Site, in which users can join the online community, purchase coaching sessions and packages, and make online bookings for services. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Site or our Service. 

 

The following Terms of Use apply when you view or use the Service via our website located at www.fineformcoaching.com or by accessing the Service through clicking on the Fine Form Coaching mobile platform within the Wix application (the “App”) on your mobile device.  

 

Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use in their entirety, you may not access or use the Service.  

 

PRIVACY POLICY

 

The Company respects the privacy of its Service users. Please refer to the Company’s Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

 

1. SERVICES

 

About the Services

 

Fine Form Coaching Inc. offers a variety of services including a nutrition, fitness and wellness related website (www.fineformcoahcing.com) and applications including an interactive online community with user generated and company generated data; one-on-one nutrition and lifestyle coaching; group nutrition and lifestyle coaching; and wellness challenges. The Service allows you to access information in regards to nutrition, exercise, sleep and other wellness related topics; purchase nutrition and lifestyle coaching services and plans; become a member of the Fine Form Community, create user generated data, access wellness exercises, and participate in challenges. The Services are intended to provide you with information to encourage you to support your wellness, nutrition and fitness activities. 

 

Physical Activities and Dietary Guidance

 

It's important to us that users stay healthy while achieving their wellness goals. Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only, and can't be held liable if you get injured or something goes wrong. In particular, while most of the content posted by the other users in our community is helpful, it is coming from strangers on the Internet and should never trump good judgment or actual medical advice.

 

Safety First

 

Fine Form Coaching cares about your safety. You should consult with your healthcare provider(s) and consider the associated risks before using our Services in connection with any physical activity, wellness or fitness program, or any dietary program or guidance. By using our Services, you agree, represent and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Services, and that you have consulted with your physician before making any dietary changes based upon information available through the Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Services may pose risks even to those who are currently in good health.

 

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered via the Services (e.g., featured, official or community created challenges; routes; friendly competitions or similar activities; any single or group training activities; any Third-Party Activities or other events or activities that utilize our Services). We encourage you to always put safety first, follow applicable traffic regulations, do not change settings on your device while in motion or in unsafe areas and always be vigilant and take stock of your surroundings when exercising.

 

You expressly agree that your athletic activities, which may generate the User-Generated Content you post or seek to post on or via the Services (e.g., running, walking, cycling, hiking) and certain Third-Party Activities carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Fine Form Coaching or by the action, inaction, or negligence of others.

 

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages sustained from your physical activities or your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services (e.g., a Third-Party Activity such as a yoga class), even if caused in whole or part by the action, inaction or negligence of Fine Form Coaching or others. To the maximum extent permitted by applicable law, you expressly agree we do not assume responsibility for any Third-Party Activity or any other race, contest, class, athletic activity or event that utilizes or is promoted by or accessed via the Services.

 

Disclaimer Regarding Accuracy and Reliance on Content

 

We make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content.

 

In addition, User-Generated Content, including advice, statements, or other information, including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, and athletic activities, are not produced by Fine Form Coaching, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.

 

In particular, the Fine Form Coaching Community including all Members Pages, contains a combination of nutritional information entered by Fine Form Coaching and Fine Form Coaching members. Any Fine Form Coaching user can contribute nutritional information and data. Please be advised that nutritional information has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Fine Form Coaching does not (i) guarantee the accuracy, completeness, or usefulness of any nutritional information or ingredients in the; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such nutritional information. To the extent permitted by applicable law, under no circumstances will Fine Form Coaching be responsible for any loss or damage resulting from your reliance on nutritional information. You are solely responsible for ensuring any nutritional information in the Members Pages is accurate, complete and useful.

 

Not all users who may identify themselves as professional trainers or licensed dieticians are licensed in all applicable jurisdictions. Fine Form Coaching has no and assumes no obligation to verify that users who identify themselves as licensed trainers or dieticians are actually licensed. If you hold yourself out as a licensed trainer or dietician, you represent and warrant that you are actually licensed for the services you provide in the jurisdiction in which you offer your services. Users should also bear in mind that even if a user is a licensed trainer in one jurisdiction that does not mean the trainer user is licensed in the jurisdiction from which other users access the trainer user’s advice. Accordingly, relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will Fine Form Coaching be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services.

 

Not Medical Advice

 

We aim to provide useful general information for our community, not professional medical advice. The Services are not medical devices, and the data provided by them is not intended to be utilized for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the maximum extent permitted by applicable law, you expressly agree we are not providing medical advice via the Services. All Content provided through the Services, whether provided by us or by other users or third parties (even if they are claiming to be a doctor!) is not intended to be and should not be used in place of (a) the advice of your physician or other medical professionals, (b) a visit, call or consultation with your physician or other medical professionals, or © information contained on or in any product packaging or label. To the extent permitted by applicable law, we are not responsible for any health problems that may result from training programs, dietary recommendations, consultations, products, or events you learn about through the Services. Should you have any health related questions, please call or see your physician or other healthcare provider promptly. If you have an emergency, call your physician or your local emergency services immediately.

 

Your use of the Services does not constitute or create a doctor-patient, therapist-patient or other healthcare professional relationship between Fine Form Coaching and you.

 

Success Stories Not Typical

 

Success stories posted by users or Fine Form Coaching on our Services may not represent typical or even accurate results obtained from any particular fitness activity or diet. To the extent permitted by applicable law, Fine Form Coaching has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any fitness activity or dietary recommendation contained in any user success stories.

 

If you are a resident of New Jersey or the Netherlands:

Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by Fine Form Coaching’s own fraud, recklessness, gross negligence or willful misconduct.

 

Registration; Rules for User Conduct and Use of the Service

 

You need to be at least 18 years old to register for and use the Service.

 

If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

 

The company respects its user and does not tolerate behaviour in violation of the User Code of Conduct. View Code of Conduct for service use.

 

Service Updates, Changes and Limitations

 

Our Services are constantly evolving. With the launch of new products, services, and features, we need the flexibility to make changes, impose limits, and occasionally suspend or terminate certain Services. The Services change frequently, and their form and functionality may change without prior notice to you.

 

We may provide updates (including automatic updates) for certain Services as and when we see fit. This may include upgrades, modifications, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Certain portions of our Services may not properly operate if you do not install all Updates. You acknowledge and agree that the Service may not work properly if you do not allow such Updates and you expressly consent to automatic Updates. Further, you agree that the Terms (and any additional modifications of the same) will apply to any and all Updates to the Services. We may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content. In addition, we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of any Service. We may also impose limits on certain Services or restrict your access to part or all of the Services without notice or liability.

 

2. USE RESTRICTIONS

 

Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions: 

 

You agree that you will not under any circumstances:

  • access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service,

  • collect or harvest any personal data of any user of the Site or the Service 

  • use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;

  • distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);

  • use the Service for any unlawful purpose or for the promotion of illegal activities;

  • attempt to, or harass, abuse or harm another person or group;

  • use another user’s account without permission;

  • intentionally allow another user to access your account; 

  • provide false or inaccurate information when registering an account;

  • interfere or attempt to interfere with the proper functioning of the Service;

  • make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;

  • bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; 

  • circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or 

  • publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.


 

3. POSTING AND CONDUCT RESTRICTIONS

 

For purposes of these Terms, (i) “Content” means any form of information, data or creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, tools, text, ideas, communications, replies, “likes,” comments, software, scripts, executable files, graphics, maps, routes, geo-data, workouts and workout data, biometric data and data elements derived therefrom, training plans, sleep activity, annotations, nutrition information, recipes, interactive features, designs, copyrights, trademarks, service marks, branding, logos, and other similar assets, patents, sounds, applications and any intellectual property therein, any of which may be generated, provided, or otherwise made accessible on or through the Services; (ii) “User-Generated Content” means any Content that a user submits, transfers, or otherwise provides to or through the use of the Services; and (iii) “FFC Content” means all Content that is not User-Generated Content.

 

When you create your own personalized account, you may be able to provide User-Generated Content to the Service. You are solely responsible for the User-Generated Content that you post, upload, link to or otherwise make available via the Service. 

You agree that we are only acting as a passive conduit for your online distribution and publication of your User-Generated Content. The Company, however, reserves the right to remove any User-Generated Content from the Service at its sole discretion.

We grant you permission to use and access the Service, subject to the following express conditions surrounding User-Generated Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms. 

By transmitting and submitting any User-Generated Content while using the Service, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;

  • You will not post information that is malicious, libelous, false or inaccurate;

  • You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

  • You retain all ownership rights in your User-Generated Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the “License Grant” and “Intellectual Property” provisions below: When you upload or post User-Generated Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User-Generated Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;

  • You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and

  • You hereby agree that we have the right to determine whether your User-Generated Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

 

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User-Generated Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User-Generated Content. 

The Site does not, and cannot, pre-screen or monitor all User-Generated Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

 

4. ONLINE CONTENT DISCLAIMER

 

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 

 

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User-Generated Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others.  Unauthorized use may result in criminal and/or civil prosecution under Federal, Provincial and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us stephanie@fineformcoaching.com.

 

5. LINKS TO OTHER SITES AND/OR MATERIALS

 

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

 

6. PAID SERVICES

 

If you choose to subscribe to any of our paid services, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.

Payment Terms

We offer the Services for a fee. By signing up for and using the Services, you agree to our Terms, and any additional terms and conditions provided here. You also agree to waive your 14-day right of withdrawal at the moment you subscribe to the Services to the maximum extent permitted by applicable law, so that you are able to immediately access them.

The Services provide you access to certain products, services, features and functionality. By signing up for and using Services, including signing up for Free Trials of the Services, you agree to pay any fees or other incurred charges that apply to the Services (such as subscription fees).

When you sign up for the Services, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Services and for any other purchases you elect to make via the Services.

Service payments can be one time, weekly, monthly or annual payments based on the Service you are purchasing. Unless otherwise stated, all fees due for the Services are payable in advance, and will be billed automatically to the Payment Method at the start of the Service period, as applicable. Unless otherwise stated, Services will auto-renew until you elect to cancel your access to the Services. All purchases of Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Service.

Termination or Cancellation of Services

If you do not pay the fees or charges due for your use of the Services, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).

You can cancel the Services at any time. In order to cancel Services you must contact Fine Form Coaching via email stephanie@fineformcoaching.com. Once you have cancelled your  Service and received confirmation, no other changes can be made to your account. The cancellation of a Service will go into effect at the end of your current billing cycle, and you will have the same level of access to the Service through the remainder of such billing cycle. For example, if you are billed on a monthly basis and cancel during a given month, you will be charged for the entirety of that month and maintain access to the Service through the end of that month.

There are no refunds for termination or cancellation of your Service. If you no longer wish to subscribe to a Service, it is your responsibility to cancel your Service in due time, regardless of whether or not you actively use the Service. There are no refunds for one time payments. See individual Terms for booking service sessions and cancellation policies. 

Fee Changes

To the maximum extent permitted by applicable laws, we may change our prices for Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Service and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Service prior to the change going into effect.

Discount, Coupon or Gift Codes

If you have received a discount, coupon or gift code to a Service, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Service and enter the applicable code to take advantage of the relevant promotion. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Service before the end of a free or discounted period if you do not want to continue with a Service at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Service, coupon validity dates, and/or purchase quantities. Fine Form Coaching reserves the right to cancel discounts and coupon promotions at any time.

Free Trials

We sometimes offer free trials of our Services or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the  Services for a period of time, with details specified when you sign up for the offer.

In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.

Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for that Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Service. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Services user after the Free Trial period.

If you decide you do not want to become a paying Premium Services user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Service, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.

Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Services during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Service at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.

 

7. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

 

We respect the intellectual property rights of others and requires that the users do the same. We have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification to stephanie@fineformcoaching.com

Please include the date; a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work; Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. LICENSE GRANT

 

By posting any User-Generated Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User-Generated Content and your name, voice, and/or likeness as contained in your User-Generated Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

 

9. INTELLECTUAL PROPERTY

 

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

10. EMAIL MAY NOT BE USED TO PROVIDE NOTICE

 

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

 

11. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

 

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

 

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to stephanie@fineformcoaching.com

 

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

 

12. WARRANTY DISCLAIMER

 

THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

13. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, under no circumstances (including, without limitation, negligence) shall Fine Form Coaching  its subsidiaries, and partners be liable to you or any third party for (a) any indirect, incidental, special, reliance, exemplary, punitive, or consequential damages of any kind whatsoever; (b) loss of profits, revenue, data, use, goodwill, or other intangible losses; © damages relating to your access to, use of, or inability to access or use the Services; (d) damages relating to any conduct or content of any third party or user of the Services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any Third-Party Content, Third-party Products or Third-Party Activities accessed via the Services. To the maximum extent permitted by applicable law, this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not Fine Form Coaching has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose. To the maximum extent permitted by applicable law, the total liability of Fine Form Coaching, for any claim under these Terms, including for any implied warranties, is limited to the greater of one thousand dollars (us $1,000.00) or the amount you paid us to use the applicable Service(s) in the past twelve months.

In particular, to the extent permitted by applicable law, we are not liable for any claims arising out of (a) your use of the Services (including but not limited to your participation in any activities promoted by or accessed via the Services), (b) the use, disclosure, display, or maintenance of a user’s Personal Data, © any other interactions with us or any other users of the Services, even if we have been advised of the possibility of such damages, or (d) other Content, information, services or goods received through or advertised on the Services or received through any links provided with the Services.

To the extent permitted by applicable law, you acknowledge and agree that we offer the Services and set the Services’ prices in reliance upon the warranty disclaimers, releases, and limitations of liability set forth in the Terms, that these warranty disclaimers, releases, and limitations of liability reflect a reasonable and fair allocation of risk between you and form an essential basis of the bargain between you and us. We would not be able to provide the Services to you on an economically reasonable basis without these warranty disclaimers, releases, and limitations of liability.

If you are a resident of California: You waive your rights with respect to California Civil Code Section 1542, which says “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms limits or excludes our responsibility for losses or damages caused by FFC’s own fraud, recklessness, gross negligence or willful misconduct.

14. INDEMNIFICATION

If you are a resident of Canada, the United States or any location other than France or Germany: To the maximum extent permitted by applicable law, you agree to indemnify and hold Fine Form Coaching, its subsidiaries, suppliers and other partners harmless from any claim or demand, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access or share through the Services; (b) your use of the Services, © your athletic activities in connection with the Services (including, but not limited to, athletic activities in connection with any contests, races, group activities, Third-Party Activities or other events that we may sponsor, organize, participate in, or where the Services are employed), (d) your connection to the Services, (e) your violation of these Terms, (f) your use or misuse of any user’s Personal Data, (g) any violation of the rights of any other person or entity by you, or (h) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of France or Germany: Notwithstanding the previous paragraph, you agree to indemnify and hold Fine Form Coaching, its subsidiaries, suppliers and other partners harmless from any claim or demand as result of your negligent or intentional behavior, including reasonable accounting and attorneys’ fees, made by any third party due to or arising out of (a) the User-Generated Content you access through the Services; (b) your violation of these Terms, © your use or misuse of any user’s Personal Data, (d) any violation of the rights of any other person or entity by you, or (e) your employment of the Services to meet another user in person or to locate and attend any offline place or event. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under the Terms, and you agree to cooperate with our defense of these claims.

If you are a resident of New Jersey: Notwithstanding anything herein to the contrary, nothing in these Terms imposes an obligation for you to indemnify us from claims arising out of FFC’s own fraud, recklessness, gross negligence or willful misconduct.

Governing Law

If you are a resident of Canada, the United States or any non-European Union location: These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and controlling Canadian federal law as applicable, without regard to its conflict of law principles.

If you are a resident of the European Union: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

15. DISPUTES AND ARBITRATIONS, JURISDICTION AND VENUE 

To the maximum extent permitted by applicable law, you and Fine Form Coaching agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Except where prohibited, you and we agree to submit to the personal and exclusive arbitration of disputes relating to your general use of the Services under the rules of the Canadian Arbitration Association. Please visit https://canadianarbitrationassociation.ca  for more information about arbitration.

Any arbitration between you and us, to the extent necessary, will be conducted in Ontario, Canada and you waive any right to claim that such location is an inconvenient forum. You agree not to sue us or bring arbitration in any other forum.

The arbitration will be conducted in English. A single independent and impartial arbitrator will be appointed pursuant to the rules of the Canadian Arbitration Association. Both you and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens for everyone involved:

  • the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration;

  • the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and

  • any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement describing the reasons for the disposition of any claim.

You also acknowledge and understand that, with respect to any dispute with us arising out of or relating to your choice to maintain an account, access or use the Services:

  • You are giving up your right to have a trial by jury;

  • You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any such dispute; and

  • You must file any claim within one (1) year after such claim arose or it is forever barred.

 

If this arbitration provision is found to be null and void, then all disputes arising under the Terms between us will be subject to the jurisdiction of the provincial and federal courts located in Toronto, Ontario, and you and we hereby submit to the personal jurisdiction and venue of these courts.

This agreement to arbitrate will not preclude you or Fine Form Coaching from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or Fine Form Coaching from (i) applying to the appropriate court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, or (ii) seeking relief in any provincial or federal court for disputes related to a violation or possible violation of Fine Form Coaching’s intellectual property rights.

In the event of any litigation or arbitration arising from or related to these Terms, or the Services provided, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred including staff time, court costs, attorneys’ fees, and all other related expenses incurred in such litigation or arbitration.

If you are a resident of the European Union: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fine Form Coaching cannot resolve, you have the right to submit a complaint through http://ec.europa.eu/consumers/odr. Other than as set out in these Terms, we do not participate in any ADR scheme.

  • In addition, nothing in these Terms limits your rights to bring an action against Fine Form Coaching in the local courts of your place of domicile. All disputes arising under the Terms between you and Fine Form Coaching will be subject to the non-exclusive jurisdiction of the courts located in your place of domicile, or the courts located in the Netherlands, and you and we hereby submit to the personal jurisdiction and venue of these courts.

 

If you are a resident of Finland: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fine Form Coaching cannot resolve, you have the right to submit a complaint to the local Consumer Disputes Board or other corresponding body.

If you are a resident of Denmark: Notwithstanding anything in these Terms to the contrary, if there is a dispute that you and Fine Form Coaching cannot resolve, you have the right to submit a complaint to the Danish Competition and Consumer Authority (Konkurrence- og Forbrugerstyrelsen, Center for Klageløsning, Carl Jacobsens Vej 35, 2500 Valby, mail: cfk@kfst.dk).

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits your rights to bring an action against Fine Form Coaching in the local courts of your place of domicile.

 

16. INTERNATIONAL TERMS

If you are not a Canadian resident and you are accessing our Services from outside Canada, you agree to transfer certain information outside your location to us, and that you will follow all the laws that apply to you.

We provide our Services for a global community of users. Our servers and operations are, however, located primarily in Canada, and our policies and procedures are based primarily on Canadain law. Because of this, the following provisions apply specifically to users located outside of Canada: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in Canada and/or other countries; (ii) if you are using the Services from a location embargoed by the United States, or are on the United States Treasury Department’s list of “Specially Designated Nationals,” you are not authorized to access or make use of the Services; and (iii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the location in which you reside and the location from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or location where such distribution or use would be contrary to law or regulation, or which that would subject Fine Form Coaching or its affiliates to any registration requirement within such jurisdiction or location.

 

The names used for countries or regions in these Terms, the Privacy Policy and any associated features or documentation are based on the United Nations Terminology Database.

If you are a resident of the European Union, Hong Kong (SAR of China), Russia, New Zealand or South Korea:Notwithstanding anything in these Terms to the contrary, please note that certain jurisdictions may not allow the waiver or limitation of certain warranties, liabilities or damages under mandatory law, so some of the exclusions and limitations in these Terms may not apply to you. Nothing in these Terms limits or excludes our responsibility for (1) fraudulent representations made by us, (2) death or personal injury caused by our negligence or willful misconduct, or (3) non-execution of any material contractual obligation.

 

If you are a resident of New Zealand: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Guarantees Act 1993, or the Fair Trading Act 1986.

If you are a resident of Germany, France, Austria or Finland: Notwithstanding anything in these Terms to the contrary, the qualifier “to the maximum extent permitted by law” and other qualifiers of similar effect shall be deemed to be deleted from the Terms everywhere it appears and shall have no force and effect.

If you are a resident of Japan: Notwithstanding anything in these Terms to the contrary, nothing in these Terms limits or excludes our liability or your rights if you are a consumer for the purposes of the Consumer Contract Act.

If you are a resident of South Korea: Notwithstanding anything in these Terms to the contrary, any modification to these Terms will be announced on the website prior to the effective date thereof; provided if you do not express intent to refuse such modification or change after a reasonable period of time following such announcement, it is deemed that you have consented to such modification or change.

 

17. MODIFICATION OF TERMS OF USE

 

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

 

18. SURVIVAL 

If our relationship or these Terms terminate, it will not limit any of our other rights or remedies, and any provision of these Terms that must survive in order to give proper effect to the intent and purpose of these Terms will survive termination, including without limitation Section 1 (Services), 2 (Physical Activities and Dietary Guidance), 12 (No Warranties), 13 (Limitations of Liability), 14 (Indemnification), 15 (Disputes and Arbitration, Jurisdiction and Venue), and 18 (Survival).

 

19. GENERAL TERMS

 

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

 

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

These Terms of Use and your use of the Site are governed by the federal laws of Canada and the laws of the Province of Ontario, without regard to conflict of law provisions.

 

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.