Effective as of: March 1st, 2018
Welcome to SheypMe, your smartest fitness coach! BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICE AND THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITES FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND THE APPLICABLE GUIDELINES, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS TERMS OF SERVICE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY. The SheypMe website (the “Website”), SheypMe mobile fitness Apps (the “Application”), all other products and services and all content offered as part thereof, are collectively referred to herein as the “Services” are offered to you by Sheypme, INC., (“Company”, “we”, “us”, “our”). Subscribers, account holders, customers, users, and others who access, download, use, purchase and/or subscribe to the Services (collectively or individually; "You", “Your”, “User” or "Users"), AGREE to the following terms and conditions (the “Terms of Service”). These Terms of Service govern your use of the Services and are a condition to your use of the Services. ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 18 YEARS OR OLDER. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THIS TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS TERMS OF SERVICE FOR THE BENEFIT OF AN INDIVIDUAL UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT INDIVIDUAL’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
1. USE OF SERVICE BEFORE STARTING THIS OR ANY OTHER DIET OR FITNESS PROGRAM, CONSULT YOUR PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER TO DETERMINE IF ONE OR MORE OF OUR DIET AND/OR FITNESS PROGRAMS ARE RIGHT FOR YOUR NEEDS. THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. NOTHING STATED OR POSTED ON THE SERVICES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE. OUR RECOMMENDED WORKOUT PLANS, EXERCISES AND NUTRITION PLANS, EVEN IF THEY ARE TAILORED TO INDIVIDUAL USERS, SHOULD NOT BE MISCONSTRUED AS MEDICAL ADVICE, DIAGNOSES OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. THE COMPANY CANNOT GUARANTEE THAT ANY RESULTS IN THE FORM OF PHYSICAL OR HEALTH TRANSFORMATION, WEIGHT LOSS OR FITNESS RESULTS OR IMPROVEMENTS SHALL ARISE FROM USING OF THE SERVICES PROVIDED BY THE COMPANY. The Services are intended for use only by individuals healthy enough to perform strenuous exercise, follow a general and/ or individual workout plan, follow a general and/ or individual nutrition plan. In becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, OR that all of the following statements are true:
2. MODIFICATION OF TERMS OF SERVICES AND MODIFICATION AND/ OR TERMINATION OF SERVICES We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Service, at any time and without prior notice. If we modify this Terms of Service, we will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services. We also reserve the right, at our sole discretion, to terminate the Services. In the event that we decide to discontinue or terminate the Services, we will provide you with 90 days advance notice and during such 90-day period will provide you with reasonable assistance in mitigating any disruption this may cause.
5. PREMIUM SUBSCRIPTIONS, PRICING, FREE TRIALS, REFUNDS Upon your initial registration for the Services, you will receive a 7-days Free Trial of our Premium features (“Premium content”). Premium content grants you access to additional features like personal, customized workout and nutrition plans. At the end of the 7-days free trial period, you may bring fully conscious decision and subscribe for a monthly, quarterly or yearly membership (referred as “In-App purchase”) or continue using a free content available through Services (“Regular content”). The Company offers three subscription options:
6. INTELECTUAL PROPERTY, TRADEMARK The Services are owned by the Company and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, the Company and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services. All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by the Company or its third-party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by the Company or its third-party licensors without the appropriate owner’s prior written consent.
7. LICENSE TO USE CONTENT A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by the Company or its affiliates, and other Content is provided by persons who use the Services (“Users”), such as Users’ opinions and views provided via posts to chat rooms, blogs, bulletin boards, profile pages, messaging services, discussion forums, and more. The Company grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of the Company. All rights not expressly granted in this Terms of Service are expressly reserved for the Company. While we strive to keep the Content accurate, complete, and up-to-date, we cannot and does not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or our affiliates or by Users. The Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of the Company. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.
8. LICENSE TO USE SERVICES As between you and the Company, the Company shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof. Subject to your compliance with the Terms of Service, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Website and to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal, noncommercial use. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application
9. RESTRICTIONS ON USE OF SERVICES Your use of the Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services: - Posting, uploading, publishing, submitting or transmitting any information or other material that:
10. USER-SUBMITTED CONTENT You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Content”). By doing so, you represent and warrant to the Company that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content. We make no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to the Company and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to: post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Service, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available. We reserve the right to remove User Content or edit it in any way.
11. THIRD-PARTY LINKS AND CONTENT Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services provided on such third-party sites. You shall access and use such third-party sites, including the content, items, or services on those sites, solely at your own risk. The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services. If there is a dispute between you and any such third party, you understand and agree that the Company shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12. COPYRIGHT / DMCA POLICY We respect the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Services do not infringe any third-party copyright. We will promptly remove materials for the Services in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, Company may, in appropriate circumstances, terminate the accounts of repeat copyright infringers. Filing a DMCA Notice to Remove Copyrighted Content-for Copyright Holders If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
13. WARRANTY DISCLAIMER You agree that the use of the Services is entirely at your own risk. The Services are provided on an "as is" and "as available" basis. Company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. Company does not make any warranty that the Services will meet your requirements, or that access to the Services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the Services. Company disclaims any warranties for other services or goods received through or advertised on the Services, or accessed through any links on the Services. Company disclaims any warranties for viruses or other harmful components in connection with the Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
14. LIMITED LIABILITY Under no circumstances shall the Company or any of its affiliated entities be liable for any damages resulting directly or indirectly from any aspect of your use of the Services. You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company and its affiliates are not liable for the defamatory, offensive or illegal conduct of users or third parties. Additionally, in no event will the Company or its any of its affiliated entities be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, for any bugs, viruses, trojan horses, or the like (regardless of the source of origination) or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from
15. INDEMNIFICATION You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to
16. TERMINATION, ACCESS RESTRICTION Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you agree that you shall no longer access or utilize the Services. The provisions of this Terms of Service which by their intent or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, indemnification and dispute resolution shall survive the any termination of this Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.
17. ARBITRATION, SEVERABILITY You agree that all disputes between you and Company (whether or not such dispute involves a third party) with regard to your relationship with the Company, including without limitation disputes related to these Terms of Service, your use of the Services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and the Company hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. Neither you nor the Company will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if the Company is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Company or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. If any provision of this Section 17 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 17 shall continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Service. This Section 17 will survive the termination of this Terms of Service or your relationship with Company.
18. GOVERNING LAW AND JURISDICTION This Terms of Service and the resolution of any dispute related to this Terms of Service will be governed and interpreted by and under the laws of the State of Illinois, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Terms of Service. Any dispute relating in any way to the Services or this Terms of Service will be adjudicated in any state or federal court in the state of Illinois.
20. ASSIGNMENT These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
21. CONTACT INFORMATION We greatly value your business. If you have any questions or concerns about these Terms of Service, please do not hesitate to contact us at email@example.com Sheypme, Inc. 2430 Millbrook Dr. #102 Algonquin, IL, 60102