Viva - Terms of Service

Last updated: August 25, 2018

Thank you for joining the Viva Fit community. Your use of our virtual health coach service (“Service”) is governed by these Terms of Service. By using the Service, you agree to be bound by, and use the Service in compliance with, these Terms of Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICE.

The terms “you,” “your,” and “yours” refer to you, the user of the Service. The terms “Viva Fit,” “we,” “us,” and “our” refer to Viva Fit, Inc. This agreement exists solely between you and Viva Fit. We may periodically make changes to these Terms of Service. It is your responsibility to review the most recent version of these Terms of Service frequently and remain informed of any changes to it. You agree that your continued use of the Service after such changes have been published to the Service shall constitute your acceptance of such revised Terms of Service.

Nature of the Service

The Service enables one-on-one connection with a virtual health coach who can provide you with information on exercise, wellness, and nutrition. Use of the Service requires a compatible mobile or computer device and access to a data network. Third party data use fees may apply.

Use of the Service

The Service is protected by intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Service or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Service; (b) rent, lease, or sublicense access to the Service; nor (c) circumvent or disable any security or technological features or measures of the Service.

Access and Modifications to the Service

We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., charges by mobile device service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.

You must be 18 or older to register as a user or to use the Service. If you are a minor, you must have your parents’ permission to use the Service. We reserve the right to require further evidence of parental consent from any user. If you are a parent and your child has used the Service without your permission, please contact us at legal@coachviva.com or further assistance.

Restrictions

You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available by Viva Fit or its users on the Service (“Content”) or compile or collect any Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Service or store, copy, modify, distribute, or resell any Content; (c) rent, lease, or sublicense your access to the Service to another person; (d) use the Service or Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Service; (f) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.

Fees and Payment

You may be charged for your use of the Service. You agree to pay fees for the entirety of your chosen subscription time period for the Service. Cancellation of the Service prior to the end of your chosen subscription time period will incur a penalty fee. You acknowledge that at the end of your chosen subscription time period, you'll continue to be charged month-to-month at the same rate as your most recently chosen subscription plan unless you cancel Viva Fit's services by telling Viva Fit as such.

Viva Fit uses Stripe and Paypal to process all payments for the Service. Please refer to their terms of service if you have any questions regarding payment processing. Viva Fit does not store user credit card information.

Links and Third Party Content

The Service may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Submissions

The Service may allow you and other third parties to post information to the Service. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Service are those of the respective authors or producers and not of Viva Fit, or its officers, directors or employees.

You agree that Viva Fit is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Service and our products and services. Furthermore, by posting any Submission on the Service, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Service does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Service.

User Restrictions

You are solely responsible for any content and other material that you submit, publish or display on the Service or transmit to third parties.

You will not use the Service to: (a) upload, post, email, or otherwise transmit any information that contains personally identifying information, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm Viva Fit or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any information that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; (k) collect or store personal data about other users.

If you see content on the Service that violates these use restrictions, please contact Viva Fit at legal@coachviva.com.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VIVA FIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND CONTENT, AND YOU RELY ON THE SERVICE AND CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIVA FIT OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. VIVA FIT MAKES NO WARRANTIES WITH RESPECT TO ASPECTS OF THE SERVICE PROVIDED BY THIRD PARTIES. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

VIVA FIT WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VIVA FIT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND CONTENT. UNDER NO CIRCUMSTANCES WILL VIVA FIT’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE ONE HUNDRED DOLLARS ($100). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Participation Waiver and Release of Liability

You should always consult your physician or other healthcare provider before changing your diet or starting an exercise program. Viva Fit does not guarantee results from physical fitness training or your use of the Service, and is not responsible for your success or lack of success in your training regimen. You acknowledge and agree that in participating in any athletic activity there is a risk of injury, and as consideration for the right to use the Service, you waive any and all rights, claims, or causes of action of any kind whatsoever arising out of your participation in the health, nutrition, or fitness activities provided by Viva Fit, and do hereby release and forever discharge Viva Fit for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that you may suffer as a direct result of your use of the Service.

YOU ARE VOLUNTARILY USING THE SERVICE AND ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH THESE PHYSICAL AND HEALTH ACTIVITIES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR OWN OR OTHERS’ NEGLIGENCE. YOU ASSUME ALL RELATED RISK, BOTH KNOWN AND UNKNOWN, OF YOUR USE OF THE SERVICE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS VIVA FIT AGAINST ANY AND ALL CLAIMS, SUITS, OR ACTIONS OF ANY KIND WHATSOEVER FOR LIABILITY, DAMAGES, AND COMPENSATION BROUGHT BY YOU OR ON YOUR BEHALF, INCLUDING ATTORNEYS’ FEES AND ANY RELATED COSTS OF LITIGATION. SHOULD VIVA FIT INCUR ANY COSTS FOR THESE TYPES OF EXPENSES, YOU AGREE TO REIMBURSE VIVA FIT.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at legal@coachviva.com and provide our copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Service where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold Viva Fit, and its subsidiaries, affiliates, officers, agents, and employees (the “Indemnified Parties”), harmless from any costs, damages, expenses, and liability caused by your use of the Service or Content, your violation of these Terms of Service, or your violation of any rights of a third party through use of the Service or Content. For the sake of clarity, this indemnity will cover any claims against the Indemnified Parties arising in connection with personal injury or death occurring in connection with transportation services provided by you or your representatives (e.g., your spouse or other caregivers) or received by you or your representatives (e.g., members of your family, other caregivers, your children, or other children under your care).

Updates to the Service and Terms of Service

We may occasionally update the Service and these Terms of Service. When we do, we will revise the “last updated” date on these Terms of Service. You should check the Service and these Terms of Service frequently to see recent changes. Your continued use of the Service after such changes will be subject to the then-current terms of service. This version of these Terms of Service shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Service will be governed by Washington law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Service or your use of the Service will lie in the State and Federal courts located in King County, Washington, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Viva Fit to enforce any right or provision in these Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Viva Fit in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Viva Fit

If you have any questions or concerns about the Service or these Terms of Service, please send us a thorough description by email to legal@coachviva.com.