Terms of Service (The Coach)
Last Updated: 2/14/2020
) form a legally binding agreement (this "Agreement") between you, the end-user ("you") and VAM Apps Co., a Delaware corporation ("Company," "we" or "us") for your access to and use of our website located at http://the.coach
(the "Website"), our mobile-based application (the "App") and any content or services provided through the Website and/or the App (collectively, "Service"). 1. Acceptance of Terms
Please read this Agreement carefully. By creating an account or accessing or using the Service, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.
We may in our sole discretion modify this Agreement from time to time. We will notify you by email or post the revisions through the Service. Your continued use of the Service after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified. 2. Medical Services Disclaimer Service is Not Medical Advice or Professional Healthcare Advice
THE CONTENTS OF THE SERVICE, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND OTHER MATERIAL CONTAINED ON THE SERVICE, ARE FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY IS NOT A LICENSED MEDICAL CARE PROVIDER AND DOES NOT PROVIDE ANY PSYCHIATRIC CARE, MEDICAL ADVICE OR OPINIONS AND NEITHER THE SERVICE NOR ITS CONTENT ARE INTENDED TO REPLACE OR SUBSTITUTE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. THE SERVICE IS NOT INTENDED FOR THE PROVISION OF CLINICAL DIAGNOSIS REQUIRING AN IN-PERSON EVALUATION AND IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR ANY DRUGS OR MEDICAL TREATMENT THAT MAY BE APPROPRIATE FOR YOU. DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE SERVICE, INCLUDING FROM ANY OTHER USER OF THE SERVICE.
ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY. Nutrition Information
We may provide you with nutrition plans as part of our Service. You should consult your physician or other licensed healthcare provider before beginning any nutrition plan or altering any dietary regimen, especially if you have unique or special medical needs or conditions, such as food allergies or dietary restrictions. Our Service is not a substitute for professional care. If you have or suspect you may have a medical or psychological problem, or a nutrition deficiency or dietetic condition, you should consult your physician, nutritionist or other licensed healthcare provider, as appropriate. Sexual Education Disclaimer
WE EXPRESSLY DISCLAIM LIABILITY IN CONNECTION WITH ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS. No Endorsement for Pharmaceutical Products
We do not recommend or endorse any specific drugs, tests, products, procedures, opinions, or other information, including, without limitation, any products or services recommended to you by our users in the service. reliance on any information provided by company, company employees, others appearing on the service at the invitation of company, or other visitors and users of the service is solely at your own risk. Suicide Lifeline IF YOU ARE THINKING ABOUT SUICIDE OR IF YOU ARE CONSIDERING TAKING ACTIONS THAT MAY CAUSE HARM TO YOU OR TO OTHERS, OR IF YOU FEEL THAT YOU OR ANY OTHER PERSON MAY BE IN ANY DANGER, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT + 1 (800) 273-8255 (TOLL-FREE IN THE UNITED STATES) IMMEDIATELY.
3. Registration and Eligibility
To create an Account and access the Service, you must be at least 18 years old and not barred from using the Service under applicable law.
If you are under 18, your parent or guardian must review and accept the terms of this Agreement, and by using the Service, you confirm that your parent or guardian has so reviewed and accepted this Agreement. We reserve the right to limit the availability to users under the age of 18 of certain content in the Service, in our sole discretion. 4. Your Use of the Service
The Service contains functionality (e.g., user reviews, users comments and messages) that allows users to upload content to the Service (the "Public Areas"). If you submit a question, a response or any content or communication to the Public Areas, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Company and its licensors are not responsible for the consequences of any communications in the Public Areas.
In cases where you feel threatened or you believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately. As a condition of using the Service, you agree not to use the Service for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Service and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:
- sell, resell, or otherwise make commercial use of the Service;
- modify, reverse engineer, decompile or disassemble the Service;
- copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of the Company;
- permit other individuals to use the Service, including but not limited to shared use via a network connection, except under the terms of this Agreement;
- circumvent or disable any technological features or measures in the Service for protection of intellectual property rights;
- use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use or access the Service to compile data in a manner that is used or usable by a competitive product or service;
- use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
- use your Account to engage in any illegal conduct;
- upload to transmit any communications that infringe or violate the rights of any party;
- harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
- upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the Service.
From time to time and without prior notice to you, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the Service or selectively disable certain features of the Service. Your use of the Service does not entitle you to the continued provision or availability of the Service. Any modification or elimination of the Service or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. 5. Children's Privacy
We are committed to protecting the privacy of children. You should be aware that this Service is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. 6. Limited License to the Service
We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Service for personal and non-commercial purposes in accordance with the terms of this Agreement.
All rights, title, and interest in and to the Service not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name, Company's Content (as defined below) and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to email@example.com.
For the avoidance of doubt, the Company owns all the text, images, photos, audio, video, location data, and all other forms of data or communication that the Company creates and makes available in connection with the Service, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content and all other elements and components of the Service, excluding User Content (as defined below). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the Company's Content are retained by us. 7. License to User Content
The Service enables you to input personal notes, share your stories, post or upload content and submit content to the Public Areas, including messages, reviews, photos, video, images, data, text and other types of work and log certain information into the Service ("User Content"). You retain all rights to such User Content that you post, share or log in the Service.
Your User Content, and the use of your User Content as contemplated by this Agreement, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation; and (iv) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
The Company reserves the right to review all User Content prior to submission to the Service and to remove, edit, screen or block any media for any reason, at any time, without prior notice, at our sole discretion. 8. Use At Your Own Risk
Our goal is to help make certain health-related information, including but not limited to information on life-style, sport, nutrition, sex or sleep, more readily available and useful to you, however, the Service cannot and does not guarantee health-related improvements or outcomes. Your use of the Service and any information, predictions, or suggestions provided in the Service are at your sole risk. 9. Use by minors disclaimer
THE INFORMATION WITHIN THE SERVICE DOES NOT INCITE, INDUCE OR OTHERWISE PROMOTE ANY SEXUAL BEHAVIOR OR ACTIVITY AMONG MINORS. ALL INFORMATION PROVIDED WITHIN THE SERVICE IS FOR GENERAL EDUCATIONAL PURPOSES ONLY.
We neither intend nor publish sexually explicit content, or content that otherwise might qualify as harmful to minors or juveniles under applicable law. We use reasonable efforts to ensure that materials provided by us on the Service are based on facts only and are scientifically accurate.
Please be aware that individual ethical views on what is offensive or harmful to minors may vary from the requirements set for content which may be made available to minors under applicable law. 10. Subscriptions
The Service offers subscriptions that grant you access to additional features including but not limited personal program connected with nutrition, sport, sleep, supplements, meditation, hormones, training plans and videos, nutrition plans, anonymous community chats for particular problem discussions, personal recommendations from AI and AI chatbot that will answer questions on sex, sport, sleep, nutrition, supplements, health, mental issues, articles, videos and podcasts (collectively, "Paid Services"). We may from time to time offer some of our Paid Services free of charge for a trial period, where you can experience Paid Services at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. To avoid being charged, you must unsubscribe from Paid Services before the end of the free trial.
We offer monthly, semi-annual and annual subscription options. Payment will be charged to your credit/debit card through your Apple ID/ Google Play account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions are canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your App Store/ Google Play account settings after purchase. We will notify you if the price of subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.
Company may change the price for Paid Services from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use Paid Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Services prior to the price change going into effect. 11. Passwords
You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Account password. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitory, and control access to and use of your Service account and password; (3) promptly inform the Company if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. Send us an email at firstname.lastname@example.org..
You grant the Company and all other persons or entities involved in the operation of the Service the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Service. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using the Service. 12. Warranty Disclaimer
The Company controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. The Service or certain features of it may not be available in your location or may vary across locations.
THE SERVICE IS PROVIDED "AS IS", "AS AVAILABLE" AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (E) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS OR COMMUNICATIONS PROVIDED BY THIRD PARTIES ON OR THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 13. Limitation of Liability
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, DATA PROVIDERS OR ANY THIRD PARTIES CONTRIBUTING CONTENT TO THE SERVICE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE SERVICE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SERVICE. 14. Use of Mobile Devices
Please note that your carrier's normal rates and fees, such as text messaging and data charges, will still apply if you are using the Service on a mobile device. 15. Push Notifications.
When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device's "settings" page. 16. Email.
We may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. 17. Third Party Services
The Service may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services. 18. Your Feedback
We welcome your feedback about the Service. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate. 19. Enforcement Rights
We are not obligated to monitor access or use of the Service, however, we reserve the right to do so for purposes of operating and maintaining the Service, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable any content posted to the Service or access to Service at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the Service is objectionable or in violation this Agreement.
The Company has no liability or responsibility to users of the Service or any other person or entity for performance or nonperformance of the aforementioned activities. 20. Indemnity
You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement 21. Miscellaneous
Any dispute arising from this Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE IN AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SAN FRANCISCO COUNTY, STATE OF CALIFORNIA AND THE PARTIES UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL.
Any cause of action you may have with respect to your use of the Service must be commenced within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.
No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All claims between the parties related to this Agreement will be litigated individually and the parties will not consolidate or seek class treatment for any claim, unless previously agreed to in writing by the parties. 22. Notice to California Residents
If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, by email at email@example.com, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service. 23. Notice and Takedown Procedures
If you believe any materials accessible on or from the Service infringe your copyright, you may request removal of those materials (or access thereto) from this Service by contacting the Company and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., Service page or Website page) of an authorized version of the work.
(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number and (if available) e-mail address.
(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Service who are repeat infringers. Questions and Comments
If you have any comments or questions on any part of the services or any part of this Agreement, please feel free to contact us at firstname.lastname@example.org.