Terms of Use

Adam Flyte Fitness Terms of Use. Please review carefully.

 

Adam Flyte Fitness (“Adam” or “his”) delivers nutrition and fitness coaching and other related programs, products and services (the “Services”) through his website (the “Site”) to individuals who use his Site and/or register or purchase his Services (the “Clients” or “You”). These Terms of Use (as amended or modified from time-to-time, the “Terms of Use”) govern your use of his Services and Site. A full copy of my Terms of Use, as amended, are available at www.adamflyte.net/terms-of-use.

PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE Adam's SERVICES.

By using the Site or Services, you acknowledge that you are 18 years of age or older (or of legal age in your jurisdiction required to form a binding contract if that age is over 18) and that you have read, understand and agree to be bound by these Terms of Use, as amended from time-to-time, and the Privacy Policy. If you are not willing to be bound by and comply with these Terms of Use, you should not access or otherwise use the Site or Services. Adam may modify these Terms of Use at any time, in his sole discretion, and such modifications shall be effective immediately upon the earlier of the posting of the modified Terms of Use on the Site or your notification of such amendments. You agree to review these Terms of Use periodically and your continued use of the Site or Services shall be deemed conclusive acceptance of any modified Terms of Use.

Who Can Use Adam's Services

This 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 The Site or Services. Use of this Site or Services by a Minor without such consent is strictly prohibited. Adam specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. Adam will have no liability resulting from any use of his Site or Services by any Minor.

Adam's Services

Adam offers the following fitness and nutritional information products and services:

  1. In Home Fitness Training is currently available in Southwest Connecticut

  2. Online Fitness and Nutrition Coaching (BetterLife Program)

Payment

You agree to pay, and authorize 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 his Services or purchase his products. All fees are in US Dollars and are non-refundable except as required by law. 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 Adam. Adam may suspend or terminate the Services if fees are 30 days past due.

Wherever possible, Adam will collect personal information directly from you. Where applicable, Adam may also obtain information about you from other sources. That is, if you register for his BetterLife Program via a third-party social media network, you authorize Adam to collect from the third-party network the personal information you provided in your third-party network account so that Adam may pre-populate the registration and other relevant fields of your BetterLife 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.

 

Content Rights and Ownership

All content provided or otherwise made available by Adam through his Services and 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 his Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to Adam and is protected by intellectual property rights and unfair competition laws within and outside of The US. Content also includes any Content that Clients (including you) provide or make available through his Services and Site (“Client Content”).

Subject to your compliance with these Terms of Use, Adam hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of his Services and Site.

By making Client Content available through his Services and Site, you hereby grant 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 his Services, Site, and Content to you and other Clients.

You are solely responsible for all of your Client Content. You represent and warrant that you own all your Client Content, or have the necessary rights to grant Adam the license rights in your Client Content as described under these Terms of Use. You also warrant and represent that neither your Client Content, or the use and provision of such through his Services and Site, nor any use of the Client Content by Adam on or through his Services and Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity of privacy, or result in the violation of any applicable law or regulation.

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 his Services or Site. Adam is 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 his Services or on the Site are registered or common law trademarks of Adam. You may not make any use of any Marks without the prior written consent of Adam.

Feedback

Adam would love to hear from you, and welcomes any feedback, comments and suggestions you may have to improve his Services and/or Site (“Feedback”). You can submit Feedback by emailing him at coach@adamflyte.net. When you submit your Feedback, you grant Adam 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 his Services and on his Site, 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 of 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 Adam;

  • Post, upload, publish, submit or transmit any Content through his Services or 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 Adam 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 his Services, or any individual element within his Services, Adam’s name, any of his trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on his Site or in his Services, without Adam’s express written consent;

  • Access, tamper with, or use nonpublic areas of his Services and Site, Adam’s computer systems, or the technical delivery systems of Adam’s providers;

  • Attempt to probe, scan, or test the vulnerability of any of Adam’s system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Adam or any of Adam's providers or any other third party (including another Client) to protect his 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 his Services or 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 his Services, Site or Content or download Content from his 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 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 Adam's Services;

  • Use his Services, Site or Content for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms of Use;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use his Services, Site, or Content to send altered, deceptive or false source-identifying information;

  • Use any meta tags or other hidden text or metadata utilizing Adam’s trademark, logo URL or product name without Adam's express written consent;

  • Collect or store any personally identifiable information from his Services or 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 his Services or Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although Adam reserves the rights to monitor, record, edit or remove any content within his Services or Site, Adam has no obligation or responsibility to do so. In addition, Adam 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.

No Healthcare Professional or Medical Advice; No Doctor-Patient Relationship

ADAM IS NOT A HEALTHCARE PROFESSIONAL. HIS SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Adam provides the services for informational purposes only. Based on information that you request and/or provide to us, Adam provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice; and (iii) references to other resources. While Adam believes that the information provided through his Services and Site is current and reliable, Adam cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING HIS 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. Adam's 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 his Services unsafe or inappropriate.

Furthermore, 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. Adam shall not be liable to you for your reliance on any information obtained through the use of his Services or his Site, and Adam disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Adam’s gross negligence or wilful misconduct.

Assumption of Risk and Disclaimer

ADAM PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT ADAM PROVIDES, HIS SERVICES, HIS SITE, AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF HIS SERVICES AND HIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. ADAM GRANTS NO, AND ADAM HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO HIS SERVICES AND HIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH HIS SERVICE, HIS SITE, OR CONTENT WITH WHICH IT IS LINKED. ADAM DOES NOT WARRANT THAT (I) YOUR USE OF HIS SERVICES OR HIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IT WILL BE ALWAYS AVAILABLE OR ERROR FREE, OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN HIS SERVICES OR HIS SITE WILL BE CORRECTED OR (III) THAT HIS SERVICES OR THE INFORMATION PROVIDED ON HIS SITE IS ACCURATE, CURRENT OR COMPLETE. ADAM RESERVES THE RIGHT TO MODIFY AND/OR DISCONTINUE HIS SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOUR COMMUNICATION WITH ADAM THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING HIS 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.

IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ADAM AND HIS CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF HIS SERVICE, YOUR ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF ADAM OR ANYONE ON ADAM'S BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT ADAM IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

Limitation of Liability

IN NO EVENT SHALL ADAM, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING HIS 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 HIS SERVICES, HIS SITE, HIS SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN HIS SERVICES, EVEN IF ADAM KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, 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 HIS SERVICES. EXCEPT WHERE DUE TO ADAM'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL 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 ADAM FOR ACCESS TO HIS SERVICES AND HIS SITE.

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.

Violation of the Terms of Use

In addition to any other rights and remedies available to Adam, he reserves the right to terminate or suspend any Client's right to access or use his Services or  Site, without notice, if he believes, in his sole discretion, that such Client has violated these Terms of Use.

Termination

You may cancel your account at any time by emailing Adam at coach@adamflyte.net. In the event that you cancel your account, Adam shall not be required to provide you with a refund or other compensation.

In the event of your default under these Terms of Use, Adam reserves the right to terminate or suspend your account or use of his Services at any time. In such event, Adam shall not be required to provide you a refund or other compensation.

Upon termination, discontinuation or cancellation of the Services or your account, all provisions of these Terms of Use which should survive will survive, including, without limitation: content rights and ownership provisions, warranty and professional/medical services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

Dispute Resolution and Governing Law

Adam currently operates from Connecticut, USA. These Terms of Use shall be governed and construed in accordance with the laws of the state of Connecticut, USA applicable therein, without giving effect to any principles of conflicts of law. You agree that any claim or cause of action arising out of, or related to, your use of his Services and Site shall be brought exclusively in the Superior Court of Justice, or for matters involving intellectual property, the Federal Court. The language of any proceedings arising from these Terms of Use shall be in English.

If you choose to access and use his Services from another location, country or jurisdiction, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Nothing in these Terms of Use shall be deemed to affect any statutory or other consumer rights that you may have under local laws which cannot be or have not been altered, limited or waived by these Terms of Use. You might wish to consult with a legal professional in your own jurisdiction about the exact implications of these Terms of Use.

Regardless of any statute or law to the contrary, any claim or cause of action against Adam arising out of or related to your use of his 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 his other Clients, you release Adam 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.

Personal Information and Privacy Policy

All information provided by you or collected by Adam in connection with your use of his Services, including your payment information and health information (“Personal Information”), will be collected, used, and disclosed pursuant to the terms of his Privacy Policy, which is incorporated by reference and available online at www.adamflyte.net/privacy-policy. Adam may amend the Privacy Policy from time-to-time, in his sole discretion, without being liable to you or any other person, by making an amended Privacy Policy available through his Site or otherwise notifying you. Each time you use his Site, you consent to the collection, use and disclosure of your Personal Information (including your Personal Health Information) by Adam in accordance with his Privacy Policy, as amended.

Links to Third Party Websites

Adam's Services may contain links to third-party websites or other resources, but these links and sites do not form part of his Services. Adam provides these links only as a convenience to you and is not responsible for the content, products or services available from those websites or resources or links displayed on such sites. 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.

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 his Services or Site, 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 his Services or his 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 his Services or Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and Adam assumes no responsibility or liability for any such charges.

General Provisions

The Terms of Use, accepted upon first accessing his Services and 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 Adam regarding the use of his Services and Site. Any and all other written or oral agreements or understandings previously existing between you and Adam with respect to use of his Services and Site are hereby superseded and cancelled.

If any provision of the Terms of Use is found unlawful, void or unenforceable, then such provision shall be deemed severable from the rest of the Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Adam’s Communication with You

Subject to providing your express consent evidence by submitting an agreement during the registration process for his Services or on his Site, you consent to receive (via email or through his Services or Site) communications from Adam regarding the use of his Services and Site, and authorize Adam to send you other communications, newsletters or offers regarding third-party products and services. If you do not opt-in to receive the communications described in this section, the remainder of the Terms of Use will continue to apply to you and your use of his Services and his Site.

Contact Adam

If you have any questions about these Terms of Service, his Services, or his Site please contact Adam at coach@adamflyte.net

Last Updated: December 12, 2017