The FreeStyle App™
Terms of Use
Terms of Use
FreeStyle, LLC., doing business as The FreeStyle App™ (“Company” or “The FreeStyle App™”), consists of online services and a website located at www.getfreestyled (the “Platform”), including subdomains, provides access to technology, educational, and coaching services, materials, and individuals with the expertise to provide such services (each, a “Coach”)(collectively, the “Services”).
Use of the Platform and Services is governed by these Terms of Use (the “Terms of Use”) and a Privacy Policy detailing how The FreeStyle App™ collects, uses and discloses your information (the “Privacy Policy”). You must agree to the Terms of Use and Privacy Policy in order to use the Platform. The Privacy Policy is available at FreeStyle_App™
getfreestyled.com/privacy-policy.
By accessing or using the Platform or Services, you agree to be bound by the Terms of Use and the Privacy Policy. If you are using the Platform or Services on behalf of an organization, you represent that you have authority to bind the organization to the Terms of Use and Privacy Policy and are agreeing on behalf of that organization. Where you are using the Platform on behalf of an organization, “you” refers to that organization.
The term “User” refers to a Visitor or a Subscriber. You are authorized to use the Platform or Services only if you agree to abide by all applicable laws, rules and regulations and these Terms of Use. You affirm that you are 18 years of age or older and are fully able and competent to enter into these terms, conditions, obligations, representations and warranties set forth in these Terms of Use.
If you under 18 years of age, then do not use the Platform or the Services. Your Acceptance of These Terms of Use By accessing and/or using the Services, you agree to be bound by these Terms of Use, whether you are:
(i) a “Visitor” (you simply browse the platform, including, without limitation, through a mobile or other wireless device, or otherwise use the Site without being a paid registered Subscriber), or
(ii) a “Subscriber” (you have enrolled in and paid for Services provided by the Company).
1. UPDATES
We reserve the right, in its sole and absolute discretion, to change or add or remove portions of the Terms of Use or Privacy Policy at any time (“Updates”). We shall notify you of Updates by email, if you provided an email address, and to make them available at FreeStyle_App™.getfreestyled.com. Unless The FreeStyle App™ states otherwise, updates are automatically effective 30 days after posting on FreeStyle_App™ getfreestyled.com.
2. USING THE PLATFORM
The Platform may require hardware including, without limitation, a computer or mobile device and an Internet connection. You agree to provide all hardware and the Internet connection required to use the Platform and to pay all fees incurred by you when accessing the Platform through an Internet connection.
3. PLATFORM SUBSCRIPTION
3.1 Platform Subscription.
Except as otherwise provided in the Terms of Use, The FreeStyle App™ grants you a revocable, non-exclusive, non-transferrable subscription to use the Platform as permitted herein (the “Subscription”). You acknowledge and agree that no title or ownership interest in the Platform or Subscription is transferred or assigned to you and that the Terms of Use is not a sale of any right to the Platform or Subscription. You must be of the age of majority in your jurisdiction in order to use the Platform.
3.2 Information Collection.
Using the Platform requires you to provide The FreeStyle App™ with information that is collected and used in accordance with The FreeStyle App™ Privacy Policy. You agree to provide accurate and complete personal information to The FreeStyle App™ and to update your information if it changes. The Privacy Policy is available at FreeStyle_App™ getfreestyled.com /privacy-policy.
4. SERVICES
4.1 Program
Coach provides a program which consists of an online course and/or coaching for a fixed time (“Program”).
4.2 Payment and Subscription
(a) Payment. If you agree to join the Program and you enroll in it, you shall pre-pay The FreeStyle App™ for the full price of the program before the program start date, unless another payment arrangement has been agreed upon in writing. Enrollment and payment makes you a Subscriber”.
(b) Refunds and Cancellations. There are no refunds or exchanges after payment has been made.
(c) Payment Information. In order to join the Program, you may be asked to provide certain information relevant to your payment including, without limitation, your first and last name, credit card information, billing address and an email address (“Payment Information”).
By making a payment, you acknowledge and agree that The FreeStyle App™ may provide Payment Information to third parties for processing purposes and that such third parties may collect, use and disclose your Payment Information pursuant to such third parties’ privacy terms. It is your obligation to review and determine the acceptability of third party
terms.
5. TERMINATION
5.1 Termination.
The FreeStyle App™ , in its sole discretion, may terminate a User at any time without notice or reason and, at such time, all related information may be discarded and all appointments cancelled. Any suspected conduct in violation of these Terms of Use may be grounds for termination.
5.2 Effect of Termination.
Upon termination of your Subscription, you are not entitled to a refund, Proceeds or other compensation of any kind and agree that The FreeStyle App™ shall not be liable to you or any third party for such termination and any related loss.
6. CODE OF CONDUCT
The following Code of Conduct applies to your use of the Platform. You agree to not, and not encourage others to, use the Platform as follows:
(a) engage in abusive, defamatory, slanderous, libellous, threatening, profane or any other conduct that is objectionable or offensive;
(b) communicate, link to, post, submit or upload content that contains nudity or other sexual material, violence or any other objectionable or offensive conduct;
(c) abuse, bully or harass users of the Platform or encourage others to do the same;
(e) infringe or violate the rights of any third party including, without limitation:
(i) contractual rights;
(ii) copyright, patent, trademark or trade secret rights;
(iii) privacy rights;
(iv) publicity rights; or
(v) the terms of any confidentiality agreement;
(f) attempt to gain, or gain, unauthorized access to the Platform;
(g) collect other users’ personal information or any other online contact information, or solicit
from users the same;
(h) advertise or offer for sale products or services regardless of whether or not for profit,
except as provided for in the Terms of Use;
(i) use the Platform to transmit any data that contains, or redirects to, any virus or other harmful data;
(j) encumber, sell or license the Platform, including, without limitation, a Subscription, in any way;
(k) copy, damage, decompile, disassemble, impair, modify or reverse engineer the Platform or otherwise attempt to derive its source code or metadata files, except as permitted by
applicable law; or
(m) encourage or engage in illegal activities.
7. THIRD PARTY SOFTWARE AND SERVICES
The Platform incorporates software and services provided or licensed to The FreeStyle App™ by third parties (“Third Party Technology”). The Terms of Use do not grant you any license, right, title or other interest in Third Party Technology. Use of Third Party Technology may require you to enter into agreements between you and a third party. You shall review and determine the acceptability of any Third Party Technology agreement. The FreeStyle App™ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIRD PARTY TECHNOLOGY. YOU AGREE THAT The FreeStyle App™ WILL NOT BE LIABLE FOR ANY CLAIM, LOSS OR DAMAGE RELATING TO THIRD PARTY TECHNOLOGY.
8. OWNERSHIP
8.1 The FreeStyle App™ Ownership Rights.
The FreeStyle App™ retains all right, title and interest in the Platform including, without limitation, all copyrights, patents, trademarks, trade secrets, industrial designs, utility
models and any other rights recognized pursuant to the laws of any country or jurisdiction, whether or not protected by law. The FreeStyle App™ hereby retains all rights not expressly granted in the Terms of Use.
8.2 License to User Content.
User content includes any data or content that you or other users create, enter, submit, upload or transfer using the Platform or in conjunction with Third Party Technology you provide (“User Content”). By providing User Content you represent and warrant that you have all consents, licenses and rights necessary to provide and license the User Content and you hereby grant The FreeStyle App™ a fully-paid, royalty-free, non-exclusive, worldwide license to User
Content, while you are a Coach on the Platform, under all copyright, trademark, trade secret, patent, privacy and publicity rights and any other intellectual or industrial property rights you own or control to use, broadcast, disclose, display, distribute, modify, make derivative works
of, publicly perform, publish, record, reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all purposes and in all formats and mediums now known or hereafter developed without attribution, notice, permission or payment to you or any third party for the limited purpose of facilitating delivery of Services through the Platform.
9. COPYRIGHT INFRINGEMENT
If you are a U.S. copyright owner, The FreeStyle App™ will respond to notices alleging copyright infringement that comply with the United States Digital Millennium Copyright Act (the “DMCA”). You must provide the following information in writing in your DMCA notice:
(a) identify the copyrighted work that you claim has been infringed;
(b) identify the material claimed to be infringing and where it is located;
(c) provide reasonably sufficient information to allow us to contact you, such as your address, phone number and e-mail address;
(d) provide 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 law;
(e) provide a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner; and
(f) provide an electronic or physical signature of a person authorized to act on behalf of the copyright owner.
The FreeStyle App™ may provide you notice if your content was removed as a result of The FreeStyle App Academy receiving a DMCA notice from its copyright owner. If you receive notice from The FreeStyle App™ , you may provide a counter-notification in writing to The FreeStyle App™ designated DMCA agent through the means provided below.
DMCA notices can be sent to The FreeStyle App™ by emailing both [email protected] and [email protected] or by mail:
The FreeStyle App™
1111 Orren Street NE
Washington, DC
10. DISCLAIMER
THE PLATFORM IS PROVIDED “AS IS” AND The FreeStyle App Academy DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE EXTENT AUTHORIZED BY LAW. WITHOUT LIMITING THE FOREGOING, The FreeStyle App™ MAKES NO REPRESENTATIONS THAT USE OF THE PLATFORM WILL NOT INFRINGE ANY COPYRIGHT, PATENT, TRADEMARK OR OTHER RIGHTS HELD BY A THIRD PARTY. FURTHER AND WITHOUT LIMITING THE FOREGOING, The FreeStyle App Academy MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, IS APPROPRIATE FOR YOUR NEEDS OR THAT OPERATION WILL BE UNINTERRUPTED, CONTINUOUSLY AVAILABLE, ERROR FREE OR WILL NOT HARM YOUR COMPUTER OR MOBILE DEVICE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY The FreeStyle App™ , ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR PARTNERS, SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED CONTRACT TERMS AND, AS A RESULT, THIS SECTION 16 MAY NOT APPLY TO YOU IN ITS ENTIRETY.
11. LIMITATION OF LIABILITY, INDEMNITY
11.1 Limitation of Liability and Indemnification of The FreeStyle App™ . YOU AGREE THAT The FreeStyle App™ SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE TERMS OF USE OR USE OF THE PLATFORM, THIRD PARTY TECHNOLOGY, PRODUCTS OR SERVICES PROVIDED BY COACHES OR OTHER THIRD PARTIES AND INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF DATA, LOSS OF CONTENT, LOSS OF PROFITS, LOSS OF ANY CONTRACT, LOSS OF GOODWILL AND ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF The FreeStyle App™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. YOU AGREE O INDEMNIFY, DEFEND AND HOLD The FreeStyle App Academy, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, AND COACHES HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, COST, LOSS OR EXPENSE THAT ARISES FROM YOUR, OR ANY THIRD PARTY’S, USE OF THE PLATFORM OR EQUIPMENT, PRODUCTS OR SERVICES PROVIDED BY COACHES OR OTHER THIRD PARTIES. THIS LIMITATION APPLIES TO ANY CAUSE OF ACTION OR CLAIMS IN THE AGGREGATE, WHETHER IN AN EQUITABLE, LEGAL OR COMMON LAW ACTION ARISING HEREUNDER AND INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY OR INDEMNITY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY AND OTHER TORTS. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT The FreeStyle App™ MAXIMUM AGGREGATE LIABILITY TO YOU IN ANY CASE WHATSOEVER WILL BE THE LESSER OF:
(1) THE AMOUNT YOU PAID TO The FreeStyle App™ IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF THE HARM IN QUESTION; AND
(2) $100 (USD). PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH THAT CERTAIN EXCLUSIONS ABOVE MAY
NOT APPLY TO YOU.
11.1 Claim Indemnification Process.
The FreeStyle App™ shall promptly provide you written notice of any claim against The FreeStyle App™ and, at your expense, give all reasonable assistance. You may not settle any claim unless it unconditionally releases The FreeStyle App™ of all liability.
12. EQUITABLE REMEDIES
You agree that The FreeStyle App™ would be irreparably damaged if the Terms of Use are not specifically observed and, therefore, you agree that The FreeStyle App™ shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of the Terms of Use, in addition to other remedies available to The FreeStyle App™ under applicable law.
13. GENERAL
13.1 Relationship of the Parties.
Nothing in the Terms of Use shall be construed to create any partnership, joint venture, employer-employee or agency relationship between you and The FreeStyle App™ .
13.2 Governing law.
The Terms of Use are governed by and construed under the laws of the District of Columbia. You agree that any claim or dispute be resolved by courts located in Washington, DC and hereby submit to the personal jurisdiction of such courts.
13.3 Severability.
To the extent any section, clause, provision or sentence or part thereof of the Terms of Use is determined to be illegal, invalid or unenforceable by competent authority in any jurisdiction, then that portion will be severed and the remainder of the Terms of Use given full force and effect.
13.4 No Waiver.
The FreeStyle App™ failure to assert or enforce any right contained in the Terms of Use does not constitute a waiver of that right.
13.5 Statute of Limitation.
You agree that any claim arising out of or relating to these Terms of Use or the Platform must commence within one (1) year following the date the cause of action accrues and, thereafter, such claim is permanently barred.
13.6 Entire Agreement.
The Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, communications, representations or undertakings provided to you. To the extent the Terms of Use conflict with the provisions of the Privacy Policy, the conflicting provisions in the Privacy Policy govern.
