The FreeStyle App™
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”).
(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).
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.
3.2 Information Collection.
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
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,
(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
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
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
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
(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
13.1 Relationship of the Parties.
13.2 Governing law.
13.4 No Waiver.
13.5 Statute of Limitation.
13.6 Entire Agreement.