Stacy Summers Fitness, Inc.
PARTICIPANT TERMS AND CONDITIONS
Effective Date: April 1, 2017
These Participant Terms and Conditions (“Terms and Conditions”) contain the terms related to your use of: this website, www.stacysummersfitness.com, and any mobile applications we may develop in the future (together, “Website”); any coaching Sessions (defined below), programs, products, or other services (together, “Services”) you purchase from Stacy Summers Fitness, Inc. (“Company”); and the licensing of the Company’s e-books, and any other written materials (together, “Materials”) that Company may allow you to use as part of the Services. These Terms and Conditions govern your use of the Website, Materials, and Services, and constitute a written agreement between you and the Company. We may refer to you as “you,” “your,” or “Participant.”
Scope and Application.
Company collects information about you when you use our Website and Services, and through other interactions and communications you have with us. The Services may be provided directly to you by the Company, or by one or more Coaches, each of whom are independent contractors and not employees of the Company. The Coaches, however, have agreed to keep your information confidential and to protect it with at least the same level of care that Company is required to under these Terms and Conditions, as well as any applicable law. These Terms and Conditions apply to persons anywhere in the world who use our Services (“Participants”), but does not apply to information we collect about Coaches, which information is governed by the agreements between Company and each Coach. If you interact with the Company as both a Participant and a Coach, the respective Participant and Coach agreements apply to your different interactions with Company.
Collection of Information.
Information You Provide to Us
We collect information you provide directly to us, such as when you request Services, contact customer support, sign up for Sessions, or otherwise communicate with us. This information may include: name, email, phone number, postal address, profile picture, payment method, items requested (for delivery services), Session information, physical or other biometric information about you, and other information you choose to provide.
Information We Collect Through Your Use of Our Services, Website, and Materials
When you use our Services, we collect information about you in the following general categories:
Session Information: We may collect details related to your use of our Services, including the type of service requested, date and time the Service was provided, amount charged, which Coach provided the Services, how many Sessions you participated in, how satisfied you were with the Sessions and the Coach, and other related details.
Personal Information: We may collect personal and biometric information about you through your use of the Website, Services, and Materials, including: birth date; gender; height, weight, and activity levels; and what you eat and drink and when. We also may collect and store your phone number, email address, and nickname so that, among other reasons, the Coach assigned to you may contact you about the Sessions you have purchased and your participation in them.
Location Information: When you use the Services, we may collect location data for various purposes, including knowing which Coach to assign you to lead Sessions purchased by you. We may also derive your approximate location from your IP address.
Information We Collect from Other Sources
We may also receive information from other sources and combine that with information we collect ourselves. For example:
If you choose to link to the Website or make a payment with a payment provider (e.g., Google Wallet or PayPal) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our application program interface (“API”) (or whose API we use), we may receive information about you or your connections from that site or app.
When you participate in Sessions, the assigned Coach may provide us with a Participant rating after leading the Sessions for you. You may also provide us with feedback on your Coach with a Coach rating.
If you also interact with our Services in another capacity, for instance as a Coach or user of other Services, we may combine or associate that information with information we have collected from you in your capacity as a Participant.
Use of Information
We may use the information we collect about you to:
Provide, maintain, and improve our Services, Website, and Materials, including, for example: to facilitate payments; send receipts; provide products and services you request (and send related information); develop new features; provide customer support to other Participants and Coaches; develop safety features; authenticate users; to confirm payment should be made to the Coach after the Services have been provided; and send product updates and administrative messages;
Perform internal operations, including, for example: to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
Send or facilitate communications: (i) between you and a Coach, such as when Sessions will be conducted; or (ii) between you and a contact of yours at your direction, such as referrals;
Send you communications we think will be of interest to you, including: information about products, services, promotions, news, and events of Company and other companies, where permissible and according to applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
Personalize and improve the Website and Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
We may transfer the information described in these Terms and Conditions to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your personal information in accordance with these Terms and Conditions.
Sharing of Information
We may share the information we collect about you as described in these Terms and Conditions or as described at the time of collection or sharing, including as follows:
Through Our Services
We may share your information:
With Coaches to enable them to provide the Services you request and lead the Sessions you have registered for. For example, we share your name, photo (if you provide one), average Participant rating given by other Coaches (if you have used the Services previously), and contact information so the Coach can reach you regarding when Sessions will occur;
With other Participants in the same Sessions and assigned to the same Coach as you;
With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public; and
With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.
Other Important Sharing
We may share your information:
With Company subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and/or logistics purposes;
With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our Participant agreements, these Terms and Conditions, or to protect the rights, property, or safety of Company or others;
In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
If we otherwise notify you and you consent to the sharing; and
In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services and Website may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
You may update or correct your account information at any time by contacting us, which you may do by emailing us at firstname.lastname@example.org. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Company will comply with Participants’ requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law and subject to the previous paragraph.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Your California Privacy Rights
California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. Company does not share your personally identifiable information with third parties for the third parties’ direct marketing purposes unless you provide us with consent to do so.
Changes to these Terms and Conditions
We may change these Terms and Conditions from time to time. If we make significant changes in the way we treat your personal information, or to these Terms and Conditions, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Website, Martials, and Services after such notice constitutes your consent to the changes. We encourage you to periodically review these Terms and Conditions for the latest information on our privacy practices.
License and Ownership
No part of the Website, Materials, or Services may be reproduced, copied, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, except as permitted under section 107 or 108 of the 1976 United States Copyright Act, without the prior written permission of Company. You may, however, print a copy of the Materials for your own use or store a copy on your personal device for your own reference.
The Website, Materials, or Services and all rights therein are and shall remain Company’s property or the property of Company’s licensors. Neither these Terms and Conditions nor your use of the Website, Materials, or Services convey or grant to you any rights: (i) in or related to them except for the limited license granted above; or (ii) to use or reference in any manner Company’s names, logos, product and service names, trademarks, or service marks or those of Company’s licensors.
Educational and Information Purposes Only
The information and suggestions provided in the website, materials, and services are not for medical guidelines or advice. Rather, the website, materials, and services are intended for wellness and fitness purposes only and are not intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease. Company and any information in the Website, Materials, or Services provided by it are not intended for use in the detection, diagnosis, monitoring, management, or treatment of any medical condition, disease, or vital physiological processes or for the transmission of time-sensitive health information. All information acquired or accessed through the Website, Materials, or Services is available only for your convenience and should not be treated as medical advice. Participants should seek any medical advice from a physician, in particular before embarking on any new lifestyle or regimen, and participants should not self-diagnose any ailment, or rely on any diagnosis provided by Coaches, who are not authorized by the Company to provide such information to you. Except as set forth below, information provided in the Website, Materials, and Services is made with no warranty whatsoever and may not be suitable accurate, complete, or reliable.
Neither Company nor any of its shareholders, officers, directors, or employees are medical doctors or experts in the realm of dietetics. The suggestions included in the Website, Materials, and Services are solely the opinions of the Company or, in case of suggestions made by Coaches, the opinions of the individual Coaches themselves and not of the Company. They are based on their personal opinions and experiences, as well as the anecdotal experiences collected by Company through conversations with other Participants in its education seminars (“Sessions”) in which the Materials were used. What is described in the Materials is what has worked for others. It may work differently for you. Tweak it. Change it. Shape it. Make it your own. The purpose of this information is to help you become your body’s own health and fitness expert.
The Materials are made available to you as self-help tools for your own use. By using any Material obtained from or through Company, whether through in-person, phone, skype, webinars, teleseminars, webcams, social media, and otherwise in a variety of settings, including but not limited to individual and/or group programs, classes, workshops, events, retreats, seminars, consultations, Sessions, and/or trainings, you demonstrate your acknowledgement that Company is supporting you solely in its role as providing healthy living and weight-loss education, and in no other role, including but not limited to as a doctor or other type of medical‑services provider.
Not a Substitute for Medical Advice
The information provided in or through the Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own medical provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), mental health provider (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dietitian or licensed nutritionist, or member of the clergy.
Not Holding Self Out
Neither Stacy Summers personally, Company and its shareholders, officers, directors, employees, or agents, nor Company’s independent Coaches (all together, “Company Parties”) hold themselves out to be medical providers (including doctor/physician, nurse, physician’s assistant or any other health professional), mental health providers (including psychiatrist, psychologist, therapist, counselor, or social worker), registered dieticians or licensed nutritionists, or members of the clergy. Rather, they serve merely as trainers, educators, coaches, mentors, and guides who provide educational and learning opportunities to individuals. Company does require that Coaches be certified as health coaches in the states or countries where they are located Services will be provided. For purposes of Sessions led by Coaches, Company treats them as occurring wherever the Coach is located.
Company strongly encourages you to consult your physician or health-care provider before making any changes to your diet or exercise routine. You should always seek the advice of your own doctor/physician, nurse practitioner, physician’s assistant, mental health provider, or another health-care professional regarding any questions or concerns about your specific health situation. We encourage you to speak with your own medical provider or mental-health provider before implementing any suggestions made in the Materials, the Sessions, or the Website, including but not limited to exercise, lifestyle, weight loss, or food choices; engaging in an elimination diet, detox, or cleanse; meditation or deep breathing exercises; or participating in any other aspect of a weight loss, healthy eating, exercise and/or lifestyle program. You shall not disregard professional medical advice or delay seeking professional advice because of information you have read on the Website, in the Materials, or from a Coach. Company does not advise you to, and you should not stop taking any medications without speaking to your medical provider and/or mental health provider. If you have high cholesterol, high blood pressure, diabetes, are overweight, or have any other health concerns, you should complete a full physical examination and discuss any nutritional changes with your medical provider, mental health provider and or registered dietician. If you have or suspect that you have a medical problem, you are advised to contact your own medical provider or mental health provider promptly.
People undergoing weight loss can experience physical changes in the body (dizziness, interruptions in the menstrual cycle, hair loss, for example) that may indicate more serious conditions. Participants noticing such changes are advised to talk immediately to their primary care physician.
By using the Website, Materials, and Services, you acknowledge that you are participating voluntarily, and that you alone are solely and personally responsible for your results. You take full responsibility for your own health, life, and well-being, as well as the health, lives and well-being of your family and children (where applicable), for all decisions now or in the future.
We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our program, product and/or services, but are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what may be possible with our Services, the Sessions, and using the Materials. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Services are the culmination of numerous variables, many of which we cannot control.
Our Services consist of diet, exercise, and behavioral modification. Sessions are led by independent Coaches who have successfully used our Services to lose weight themselves. Coaches are required to have completed the program as well as being certified health coaches where they are located. Otherwise, however, Coaches are independent and are free to lead Sessions in whatever manner they may choose. If a particular Coach does not meet up to your standards, please let us know and we will work to get you reassigned to someone who does.
Cost of Services.
Total cost of our Services, including all fixed costs (administrative fees, entry fees, and renewal fees, as appropriate) are posted on our website. Session fees are refundable up until the first day of the Session you are registered for.
Assumption of Risk.
There are sometimes unknown individual risks and circumstances that can arise during use of the Website, Materials, and Services that cannot be foreseen that can influence or reduce your individual results. We are not responsible for your personal choices or actions before, during or after use of the Website, Materials, or Services. You understand that any suggestions or recommendations made on the Website, in the Materials, or as part of the Services is to be taken and followed at your own risk, with no liability on our part. You accept full responsibility for the consequences of your use, or non-use, of any information provided by Company Parties and through any means whatsoever, whether through our Website, the Materials, or the Services. Your use, or non-use, of this information is at your own risk, and you release us of any liability or loss that you, your family and/or children or any other person may incur from your use or non-use of the information provided.
Liability Limitations, Release, and Warranty Exclusions.
Limitation of Liability
YOU AGREE THAT THE COMPANY PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, WAGES, TIME, OPPORTUNITY COSTS, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE, EQUITY, PERSONAL OR BUSINESS INTERRUPTIONS, PERSONAL INJURIES, ACCIDENTS, MISAPPLICATION OF INFORMATION, OR ANY OTHER LOSS, PHYSICAL OR MENTAL DISEASE, CONDITION OR ISSUE EXPERIENCED BY YOU OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR DIFFICULTIES. COMPANY PARTIES DO NOT ASSUME LIABILITY FOR ACCIDENTS, DELAYS, INJURIES, LOSS OR DAMAGE DUE TO ANY ACT OR DEFAULT OF ANY COMPANY, ORGANIZATION, OR PERSON ENGAGED IN RENDERING THE WEBSITE, PREPARING THE MATERIALS, OR PROVIDING THE SERVICES, INCLUDING ANY SESSIONS CONDUCTED BY COACHES. COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR YOUR USE OF THE INFORMATION PROVIDED THROUGH THE WEBSITE, MATERIALS, OR SERVICES. BY USING THE WEBSITE, MATERIALS, AND SERVICES, YOU FULLY AND COMPLETELY HOLD HARMLESS, INDEMNIFY AND RELEASE THE COMPANY PARTIES FROM ANY AND ALL LIABILITY, DAMAGES, CAUSES OF ACTION, ALLEGATIONS, SUITS, SUMS OF MONEY, CLAIMS AND DEMANDS WHATSOEVER, IN LAW OR EQUITY, THAT YOU EVER HAD, NOW HAVE OR WILL HAVE IN THE FUTURE AGAINST US, ARISING FROM YOUR PARTICIPATION IN OR IN ANY WAY RELATED TO THE WEBSITE, MATERIALS, AND SERVICES. THE COMPANY WILL NOT BE CUMULATIVELY LIABLE WITH RESPECT TO ANY SESSIONS CONDUCTED FOR ANY AMOUNT GREATER THAN THE FEES PAID TO COMPANY FOR THE SERVICES AND LICENSE OF THE MATERIALS. NOTWITHSTANDING THE ABOVE, (A) COMPANY PARTIES’ LIABILITY FOR PERSONAL INJURY, INCLUDING DEATH, WILL NOT BE LIMITED TO THE EXTENT CAUSED BY THE RESPECTIVE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF EACH INDIVIDUAL COMPANY PARTY; AND (B) ANY OBLIGATION TO PARTICIPANT FOR BREACHES OF A THIRD PARTIES’ INTELLECTUAL PROPERTY RIGHTS CLAIMED IN THE MATERIALS.
EACH CLAUSE OF THIS SECTION IS SEPARATE FROM THE OTHERS AND FROM THE REMEDY LIMITATIONS AND EXCLUSIONS ELSEWHERE IN THESE TERMS AND CONDITIONS, AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF A REMEDY OR TERMINATION OF ANY SESSIONS.
Waiver and Release
By using the Website, or purchasing any Materials or Services, including registering for any Sessions, you release the Company Parties in connection with your participation in any Session or any Services offered by the Company Parties, including any form of physical exercises or workouts, from any and all claims or obligations against the Company Parties, both known or unknown, both present and future, that arise from, during or because of your participation in the services (including any form of physical exercise or workout) caused by your own account or alleged to be caused in whole or in part by the negligence of the Company Parties or otherwise, including negligent rescue operations. You further agree that if, despite this waiver and release, you or anyone on your behalf, makes a claim against any of the Company Parties, you will indemnify, save and hold harmless each of the Company Parties from any expenses, loss, liability, damage or cost, including reasonable attorney’s fees and costs, that may by incurred as the result of such claim. You acknowledge having read completely this section entitled Liability Limitations, Release, and Warranty Exclusions, that you fully understand its terms, and that you intend it to be a complete and unconditional release of all liability by Company Parties to the greatest extent allowed by law. You further agree that if any portion of these Terms and Conditions is held to be invalid, the remainder of it will nevertheless continue in full force and effect.
Warranties and Exclusion of Warranties
Company warrants only that it owns the Materials and that it has the right to license them to you as set forth above. Company will indemnify you to the extent that others claim intellectual property rights in the Materials licensed through these Terms and Conditions, so long as you promptly inform Company of any claim of copyright, trademark, patent, or other intellectual property right claim against you related to your use of the materials within the limited license granted to you above.
Company, however, makes no representations or warranties of any kind, express or implied, as to the operation of the Website, or the content of the Materials or Services provided in the Website and the Materials, any Session, or by any Coach. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, THE MATERIALS, OR THE SERVICES EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION.
Not Evaluated by the FDA
The information contained on the website or provided through the materials or services has not been evaluated by the food and drug administration.
Reference or links in our Website, Materials, or Services to any other individual’s, business’s, or entity’s information, website, opinions, advice, programs, products, or services do not constitute our formal endorsement of that other information. We are merely sharing information for your own self-help and for informational and educational purposes. We are not responsible for the content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies, or persons linked to or referenced in our Website, Materials, or Services. Should our website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement by us of them, their business, or their website.
These Terms and Conditions constitute an agreement between you and the Company. This agreement is governed by the laws of the State of Illinois, without regard to its conflicts of laws principles.
Any dispute related to these Terms and Conditions, Website, Services, or Materials will be resolved exclusively in the state or federal courts located in or encompassing DuPage County, Illinois. In any such dispute, Company shall be entitled to recover from you any of its reasonable attorney’s fees and costs if it is the substantially prevailing party in that dispute.
The term “include” or “including” means “including, but not limited to.”
By accessing or using the Website, Materials, or Services, you confirm your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the website, materials, or services. These Terms and Conditions expressly supersede prior agreements or arrangements with you. Except as to Sessions you have both already paid for and participated in, the Company may immediately modify or terminate these Terms and Conditions or any Services with respect to you, or generally cease offering or deny access to the services or any portion thereof, at any time for any reason. If as a result of Company’s option to terminate this Agreement, it will refund you for any Sessions already paid for but in which you have not yet participated.
You may not assign these Terms and Conditions without Company’s prior written approval. Company may assign these Terms and Conditions without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business, or assets; or (iii) a successor by merger. Any purported assignment by Participant in violation of this section will be void. No joint venture, partnership, employment, or agency relationship exists between you, Company, or any third-party provider as a result of these Terms and Conditions or use of the Website, Materials, or Services. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be stricken and the remaining provisions enforced to the fullest extent under law. Company’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.
If you have any questions about these Participant Terms and Conditions, please contact us at email@example.com.