Terms and Conditions
Please read this carefully.
PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.
While a user may browse the Website without creating an Account, a user will need to have an Account and agree to the terms of this agreement in order to use certain features of the Up and Adam Coaching Platform, including the Up and Adam Coaching app. To create an account, you will be required to provide certain information, including some Personal Information, such as your name and email address, and create a password or use your Facebook or Google login credentials (an “Account“). Once you create your Account, you will have access to a one-time free trial period (the “Trial Period”). Unless otherwise stated on the Up and Adam Coaching Platform, you will not be required to enter your billing information during the Trial Period. We reserve the right to terminate your Trial Period if you do not sign up for a Membership within a reasonable amount of time. A “Membership” means the paid training program with Up and Adam Coaching in the Up and Adam Coaching app. Upon beginning your Membership, you will be required to enter your billing information. A Membership is currently offered for a term of one month (the “Membership Term”) and shall automatically renew each month until you choose to cancel pursuant to the CANCELLATION POLICY section of this Agreement. By creating an Account, you agree that we may send and you agree to receive (a) messages or push notifications from us through the Up and Adam Coaching app and (b) informational or promotional emails to the email address used to create your Account. If you do not wish to receive push notifications, please change your settings on your mobile device. If you do not wish to receive emails, please select the unsubscribe option in the body of the email.
You are responsible for maintaining the confidentiality of your username and password associated with your Account and are fully responsible for all activities that occur under your Account. You are prohibited from sharing your Account with, or assigning your Account to, any other person without our prior written authorization. You also agree that you will provide truthful and accurate information that belongs to you during the sign up process. Should you become aware of or suspect any unauthorized use of your Account or your information changes, you must immediately notify us. You will ensure that you logout of your Account at the end of each session.
If you access the Up and Adam Coaching Platform using your mobile device or choose to connect with your Up and Adam Coaching Coach using text messages or SMS outside of the Up and Adam Coaching Platform, you understand that your mobile network provider may charge you fees for your use of its network while accessing or using the Up and Adam Coaching Platform, for data downloading, or roaming, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES.
Who we are here for
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. Up and Adam specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Up and Adam will have no liability resulting from any use of our Site or Services by any Minor.
What we do
When you register for our foundational monthlyME program, you will receive a training program (optional), informative content, and be able to connect with a community of others going through the monthly program.
monthlyME for Apartments:
When you register your property for our resident engagement program called monthlyME, we will provide the services listed on www.monthlyme-apartments.com.
Nutrition and Fitness Challenges:
When you add-on one of our Challenges, you will receive structured content, a training program (optional), and be able to connect with a community of others going through the challenge.
nCoaching (Up and Adam’s Nutrition Coaching Program):
When you add-on our nCoaching Program, you will receive a structured nutrition program, a training program (optional), and be able to connect with one of our experts (a “Coach”) to help make adjustments to your program and keep you on track. Your Coach will adjust your Coaching Program experience based on the information that you provide to us.
Up and Adam aims to connect you with a Coach who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. Up and Adam reserves the right to change your Coach at any time, in our sole discretion.
The money side
You agree to pay, and authorize Up and Adam’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. All fees are in US Dollars and are non-refundable except as required by law. Up and Adam 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 Services via a third-party social media network, you authorize Up and Adam 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 Services 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.
As a member of our monthlyME program, you can cancel anytime. Follow these following steps:
- Log into the web app version: CLICK HERE
- Use your username and password.
- Go to “My Account“.
- Select “My purchases“.
- Click the three dots next to your active program and select “Cancel Auto-renew“.
This must be completed at least 24 hours before your next billing cycle if you do not wish to be charged again. Up and Adam Coaching is not required to provide a refund if you try to cancel with less than 24 hours notice.
Nutrition and Fitness Challenges:
These challenges require a one-time payment and thus offer no refund, or cancellation option.
For Clients of our nCoaching Program, we at Up and Adam require a 3 month minimum commitment to the program. If there is a promotional trial period being offered, the 3 month minimum commitment is still required once the first payment is received.
If you decide to cancel, you must provide us with a 30-day notice prior to your next billing date. Please email notice to email@example.com.
In the event that you cancel your account, Up and Adam shall not be required to provide you with a refund or other compensation.
Paid in Full Options:
For Clients of our Online One-on-One or Group Coaching Programs who choose to pay for the program in full, you’ll receive a discount. This discount is subject to change.
In the event of your choice to discontinue use of our services under this payment option, Up and Adam shall not be required to provide you a refund or other compensation.
If you decide to cancel, you must please email notice to firstname.lastname@example.org.
Content rights and ownership
Any content, 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 Up and Adam and is protected by intellectual property rights and unfair competition laws within and outside of the United States.
All content provided or otherwise made available by Up and Adam 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 Up and Adam and is protected by intellectual property rights and unfair competition laws within and outside of the United States. 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 Up and Adam 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.
We at Up and Adam love 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, Up and Adam 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 Up and Adam;
- 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 Up and Adam 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, Up and Adam’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 Up and Adam’s express written consent;
- Access, tamper with, or use non-public areas of the Services and the Site, Up and Adam’s computer systems, or the technical delivery systems of Up and Adam’s providers;
- Attempt to probe, scan, or test the vulnerability of any Up and Adam system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Up and Adam or any of Up and Adam’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 Up and Adam 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 Up and Adam trademark, logo URL or product name without Up and Adam’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 Up and Adam reserves the rights to monitor, record, edit or remove any content within our Services or the Site, Up and Adam has no obligation or responsibility to do so. In addition, Up and Adam shall not be liable or responsible to any Client, or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
You agree to use the Up and Adam Coaching Platform and related services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside when using the Up and Adam Coaching Platform or related services. While using the Up and Adam Coaching Platform, you agree that you must not:
- License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of the Up and Adam Coaching Platform or Content (as defined below);
- Copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Up and Adam Coaching Platform is based;
- Promote illegal activities, sexual, or “adult” conduct, child abuse, drugs, or anything objectionable (as determined by us) or otherwise violate any applicable law;
- Use the Up and Adam Coaching Platform to post, use, upload, or disseminate content, files, graphics, software, or other material that infringes or misappropriates any trade secret or intellectual property rights, rights of publicity, rights of privacy, or proprietary right of any party;
- Take any action to circumvent, compromise, or defeat any security measures implemented on any part of the Up and Adam Coaching Platform, including to gain access to any part of the Up and Adam Coaching Platform;
- Use any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Up and Adam Coaching Platform (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Up and Adam Coaching Platform;
- Frame or otherwise simulate the appearance or functions of the Up and Adam Coaching Platform or any portion thereof;
- Use the Up and Adam Coaching Platform to gain competitive intelligence about us or develop a competing Up and Adam Coaching Platform or service;
- Use the Up and Adam Coaching Platform to post, store, or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, pyramid schemes, or other fraudulent schemes, or any other form of solicitation;
- Harvest or otherwise collect information about other users; or
- Authorize or assist a third party to do any of the foregoing.
The Up and Adam Coaching app may contain features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) information or materials (collectively, “User Contributions”) on or through the Up and Adam Coaching app. Any User Contribution you post to the Up and Adam Coaching app will be considered non-confidential and non-proprietary. By providing any User Contribution on the Up and Adam Coaching app, you grant us and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material, including but not limited to, for marketing and promoting Up and Adam Coaching. For the avoidance of doubt, any User Contributions used for marketing or promotional purposes shall not contain any identifying features of the user who posted such User Contribution. You represent and warrant that: (a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and (b) All of your User Contributions do and will comply with this Agreement, including the Contribution Standards below.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Up and Adam Coaching, have full responsibility for such information, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the substance or accuracy of any User Contributions posted by you or any other user of the Up and Adam Coaching app.
monitoring and enforcement
Up and Adam Coaching reserves the right to: remove or refuse to post any User Contributions for any or no reason in our sole discretion; take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Contribution Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Up and Adam Coaching app or the Website or the public or could create liability for Up and Adam Coaching; take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Up and Adam Coaching app or Website ; and terminate or suspend your access to all or part of the Up and Adam Coaching app or Website for any or no reason, including without limitation, any violation of this Agreement.
We do not undertake to review all User Contributions before they are shared within the Up and Adam Coaching App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or information provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS or REGISTERED DIETICIANS. 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”). Up and Adam provides the services for informational purposes only. Based on information that you request and/or provide to us, Up and Adam 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.
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, Up and Adam shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Up and Adam shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Up and Adam disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Up and Adam’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 UP AND ADAM, 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 UP AND ADAM 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, UP AND ADAM 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 UP AND ADAM’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT SHALL UP AND ADAM 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 UP AND ADAM 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.
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. Up and Adam 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.
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 Up and Adam 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 Up and Adam assumes no responsibility or liability for any such charges.
The Terms and Conditions, accepted upon first accessing the Services and the Site, including all policies, terms and conditions or other documents and agreements you may accept incorporated by reference, constitutes the entire agreement between you and Up and Adam regarding the use of our Services and the Site. Any and all other written or oral agreements or understandings previously existing between you and Up and Adam with respect to use of our Services and Site are hereby superseded and cancelled.
If any provision of the Terms and Conditions is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
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