Terms & Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
Who Can Use Our Services
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. HDHU specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. HDHU will have no liability resulting from any use of our Site or Services by any Minor.
HDHU offers Fitness and Nutrition Coaching programs, courses, and similar products and services.
You agree to pay, and authorize HDHU's third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as the HDHU Guides). All fees are in US Dollars and are non-refundable except as required by law. HDHU is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due..
Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for our Perfect Fitness Framework Coaching Program via a third-party social media network, you authorize HDHU to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your Perfect Fitness Framework Coaching Program user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.
All sales for coaching services are final. If you are not satisfied with your coaching program, please contact firstname.lastname@example.org.
Content Rights and Ownership
All content provided or otherwise made available by HDHU through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to HDHU and is protected by intellectual property rights and unfair competition laws within and outside of USA. Content also includes any Content that Clients (including you) provide or make available through our Services and Site (“Client Content”).
By making Client Content available through our Services and Site, you hereby grant HDHU a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Client Content in connection with operating and providing our Services, Site, and Content to you and other Clients.
You can remove your Client Content by specifically deleting it. However, in certain instances, some of your Client Content may not be completely removed and copies of your Client Content may continue to exist on the Services or the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Client Content.
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of HDHU. You may not make any use of any Marks without the prior written consent of HDHU.
We at HDHU would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at email@example.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General Prohibitions and Acceptable Usage
To foster a positive and welcoming community for our Services and on the Site, HDHU has established the following rules of use. You agree you will not:
Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
Attempt to access another person's account, including, without limitation, attempts to use another person's credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
Create multiple accounts under different names or emails, or re-register an account that was previously terminated by HDHU;
Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about HDHU employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
Use, display, mirror or frame the Services, or any individual element within the Services, HDHU's name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without HDHU's express written consent;
Access, tamper with, or use non-public areas of the Services and the Site, HDHU's computer systems, or the technical delivery systems of HDHU's providers;
Attempt to probe, scan, or test the vulnerability of any HDHU system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by HDHU or any of HDHU's providers or any other third party (including another Client) to protect the Services, Site, or Content;
Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by HDHU or other generally available third party web browsers;
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
Use any meta tags or other hidden text or metadata utilizing a HDHU trademark, logo URL or product name without HDHU's express written consent;
Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although HDHU reserves the rights to monitor, record, edit or remove any content within our Services or the Site, HDHU has no obligation or responsibility to do so. In addition, HDHU shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
Revisions and Errata
The materials appearing on Head Down Heart Up, LLC's web site could include technical, typographical, or photographic errors. Head Down Heart Up, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Head Down Heart Up, LLC may make changes to the materials contained on its web site at any time without notice. Head Down Heart Up, LLC does not, however, make any commitment to update the materials.
No Professional or Medical Advice; No Doctor-Patient Relationship
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). HDHU provides the services for informational purposes only. Based on information that you request and/or provide to us, HDHU provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While HDHU believes that the information provided through our Services and the Site is current and reliable, HDHU cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, HDHU shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. HDHU shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and HDHU disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by HDHU's gross negligence or willful misconduct.
Assumption of Risk and Disclaimer
FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
Limitation of Liability
IN NO EVENT SHALL HDHU, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF HDHU OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
IN ADDITION, HDHU DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO HDHU'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT SHALL HDHU BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO HDHU FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
You may cancel your account at any time by emailing us at firstname.lastname@example.org. In the event that you cancel your account, HDHU shall not be required to provide you with a refund or other compensation.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against HDHU arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release HDHU from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Links to Third Party Websites
Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. HDHU does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and HDHU assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and HDHU assumes no responsibility or liability for any such charges.
Our Communication with You
If you have any questions about these Terms of Service, our Services, or our Site please contact HDHU at email@example.com, or mail us at:
Head Down Heart Up, LLC
PO Box 358
Rochester, NH 03866
Updated: 2018 -05-27