For inquiries regarding your privacy with Get Fit, Eat Smart, please contact privacy@GetFitEatSmart.com.
1. What information do we collect, and how do we collect it?
We and our third party service providers (“Contractors”) may collect certain identifying information from or about you in connection with your use of or submissions to the Site, including, but not limited to, your name, title, street address, company, telephone and fax numbers, and email addresses (together, “Collected Information”). In addition, we and our Contractors may retain the content of, and metadata regarding, any correspondence you may have with us or our representatives, regardless of the mode of communication by which such correspondence was made. This information helps us to improve the Site and the online content, materials, and services that we make available on the Site, and to more effectively and efficiently respond to both current and future inquiries.
In addition, our Site may send one or more “cookies” to your computer to improve the utility of the Site by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you may not be able to access the full functionality of our Site if cookies are disabled on your browser.
2. How will we use the information you provide to us?
3. With whom do we share the information we collect?
We may share Collected Information with our Contractors and affiliates in order to provide services to you, and for other lawful business reasons. If all or part of Get Fit, Eat Smart is sold, merged, or otherwise transferred to another entity, we may transfer Collected Information to such entity as part of that transaction.
We may decide from time to time to utilize a number of business and marketing partners in delivering the content, materials, and services available on or through the Site to you. We may share Collected Information with these business and marketing partners for any lawful purpose, including to communicate with you or to fulfill your requests for our services. We and our Contractors may also produce reports on Site traffic or usage patterns and share these reports with our business and marketing partners and others.
4. What choices do you have?
When corresponding with Get Fit, Eat Smart or our representatives, or when making a request for information or otherwise interacting with us or others through the Site, you choose what information to supply, what questions or comments to submit, whether you wish to receive further information, and by what method of communication such information should be delivered. Please take care to share only such information as is needed or that you believe is appropriate. You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You may contact us as indicated below if at any time you would like to ask us about our data collection practices and our information security policy.
5. How Do We Protect Information Collected About You?
6. We may change this Notice.
7. Separate Agreement.
8. Unsubscribe / Opt-out.
You may unsubscribe from our emails at any time by completing our opt-out form.
9. Any questions? Please contact us at:
Get Fit, Eat Smart
Telephone: (817) 919-7997
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Get Fit, Eat Smart and its subsidiaries and affiliates (“Get Fit, Eat Smart,” “we,” or “us”), require that all visitors to this Web site controlled by Get Fit, Eat Smart (the “Site”) adhere to the following terms and conditions of use. By accessing and using the Site, you agree, on your own behalf and on behalf of any corporation or other legal entity that you represent or for which you access the Site (your “Company”), to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use the Site. BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
1. CHANGES TO THE SITE
Your use of the Site constitutes your agreement to be bound by these Terms. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
For inquiries regarding your privacy with Get Fit, Eat Smart, please contact privacy@GetFitEat
3. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Site or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Get Fit, Eat Smart or its licensors and content providers.
4. LICENSE TO ACCESS AND USE
4.1 You may access and use this Site only for your personal use (or, if accessing the Site on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Site or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. We make no representation that Site or Content is appropriate or available for use in locations other than the United States. If you choose to access this Site from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws.
4.2 You may not access, use, or copy any portion of the Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms.
You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or the Content or any access to or use of the Site or the Content.
5. RESTRICTIONS ON ACCESS
5.1 You represent and agree that all information that you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. Get Fit, Eat Smart reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to: (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and Get Fit, Eat Smart, including, without limitation, these Terms. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
5.2 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Site. You may not access the Site after your access is terminated without our written approval. After terminating your access, Get Fit, Eat Smart will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
6. USER CONDUCT
In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. Specifically, in connection with your use of the Site, neither you nor the Company may cause or permit any person to do any of the following: (a) use the Site or Content for any unlawful purpose; (b) use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) impose an unreasonably or disproportionately large load on the Site or otherwise interfere with or inhibit any other user of this Site from using or enjoying the Site; (d) use the Site to post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind; (e) use the Site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and (f) use the Site to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
7.1 By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Site or otherwise, you authorize Get Fit, Eat Smart to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Site. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to Get Fit, Eat Smart an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
7.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
Get Fit, Eat Smart takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Site. Get Fit, Eat Smart will not be liable for any loss or damage arising from the unauthorized use of your username or password.
9.1 This Site may include hyperlinks to other websites which are not maintained by Get Fit, Eat Smart. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Get Fit, Eat Smart of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Get Fit, Eat Smart will have no liability for any loss or damage arising from your access or use of any external website. Since Get Fit, Eat Smart is not responsible for the availability of these websites, or their contents, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
9.2 Images of the Get Fit, Eat Smart logo can only be used for linking purposes and can only be made with our express written permission. By linking to the Site, you agree that you will not misrepresent your relationship with us or present false or misleading impressions about us. No hyperlinks to the Site may be used in a manner that implies or suggests that Get Fit, Eat Smart approves or endorses you, your website, or your goods and services. We will have no responsibility or liability for any content appearing on your website. No hyperlink may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
9.3 We reserve the right, at any time and in our sole discretion, to request that you remove from your website all hyperlinks or any particular hyperlink to the Site. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the Get Fit, Eat Smart logo and your right to link to any pages on the Site. Upon our request, you agree to immediately remove all hyperlinks to the Site and to cease using the Get Fit, Eat Smart logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Site will require our express written
10. USE OF TRADEMARKS
Except for the limited permission to use the Get Fit, Eat Smart logo as set forth in these Terms, you may not, without our express written permission, use any of Get Fit, Eat Smart trademarks or service marks for any other purpose.
THE USE OF THIS SITE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, Get Fit, Eat Smart AND ITS AFFILIATES AND CONTENT-PROVIDERS DO NOT WARRANT THAT: (a) THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SITE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SITE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
12. LIMITATION OF LIABILITY
12.1 In no event will Get Fit, Eat Smart, its contractors, suppliers, content-providers, and other similar entities, and the officers, directors, employees, representatives, and agents of each of the foregoing (collectively, our “Contractors”), be liable to you, your Company, or any third party for any losses or damages, alleged under any legal theory, arising out of or in connection with: (a) your use of, or reliance on, the Site or the Content; (b) our performance of or failure to perform our obligations in connection with these Terms; (c) the defamatory, offensive, or illegal conduct of other users of the Site or of third parties; or (d) your purchase or use of any goods or services provided by third parties.
12.2 Under no circumstances will Get Fit, Eat Smart or our Contractors be liable to you, your Company, or any third party for any indirect, consequential, incidental, punitive, special, or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption, and claims of third parties) arising out of or in connection with these Terms or the use of the Site or the Content, or the transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Get Fit, Eat Smart and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
12.3 Without limiting any of the foregoing, if Get Fit, Eat Smart or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
You agree to defend and indemnify Get Fit, Eat Smart, and our officers, directors, employees, representatives, and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Get Fit, Eat Smart; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
These Terms will be construed and enforced in accordance with the laws of the State of Texas. Each of you and your Company submits to personal jurisdiction in Texas, and any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Tarrant County, Texas.
15. WAIVER OF JURY TRIAL
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS AND THE MATTERS CONTEMPLATED HEREBY.
16.1 If you believe that any Content on the Site violates or infringes a third party’s rights, please provide a written notice to us at the email address provided below.
16.3 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
16.4 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
16.5 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
16.6 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
16.7 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
16.8 If any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and will not affect the validity and enforceability of any remaining provisions.
16.9 Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
16.10 Discontinuation of use of this Site is your sole right and remedy for any dissatisfaction with the Site or any of the Content.
17. OTHER AGREEMENTS
If you have entered into a separate agreement with Get Fit, Eat Smart with respect to your use of the Site or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Site or these Terms at:
Get Fit, Eat Smart
BY ACCESSING AND USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
Texas State Board of Examiners of Dietitians About the Profession
SCOPE OF PRACTICE
"Dietitian" is a person who applies and integrates scientific principles of nutrition under different health, social, cultural, physical, psychological, and economic conditions to the proper nourishment, care, and education of individuals or groups to achieve and maintain health throughout the life cycle. The term includes without limitations the development, management, and provision of nutritional services.
A license is required to use the titles "Licensed Dietitian" and "Provisionally Licensed Dietitian." A license is not required to use the titles "Dietitian" or "Nutritionist."
Last updated April 5, 2010
This Client Subscription Agreement (“Agreement”) is a legally binding contract between you and Get Fit, Eat Smart (“Get Fit, Eat Smart”, “we”, or “us”) and governs your use of the Service (as defined below). Read the terms and conditions of this Agreement carefully before continuing. BY CHECKING THE “I AGREE” BOX FOR ACCOUNT SET UP, YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE OF SECTIONS 3 AND 8, REGARDING YOUR ASSUMPTION OF RISK AND THE LIMITATION OF GET FIT, EAT SMART’S LIABILITY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” BOX.
Capitalized terms used in this Agreement have the meaning ascribed to them in this Section.
“Acceptance Date” means the date you indicate your acceptance of this Agreement.
“Client Data” means the data about you that Get Fit, Eat Smart gathers in the course of providing the Service, including your physical characteristics, eating habits and caloric intake, sleeping habits, changes in weight, and progress with respect to exercises and activities. “Client Data” also includes recordings of videoconferences or telephone conversations and any information that you post on the Get Fit, Eat Smart-operated website or any Get Fit, Eat Smart-affiliated electronic interface at any time before, during or after your receipt of Services.
“Confirmation Email” means any e-mails to you from Get Fit, Eat Smart (i) providing instruction on the Services, (ii) confirming your Plan selection, participation in the Service, and/or purchase of Services, and (iii) setting forth any specific terms, conditions, or requirements for a particular Service or Plan.
“Documentation” means, collectively, all client guides, protocols, Plan, Confirmation Email, and other reference materials generally furnished by Get Fit, Eat Smart with respect to the Service, whether in printed or electronic format, as may be updated by Get Fit, Eat Smart from time to time.
“Plan” means one or more packages of a defined set of benefits comprising the Service, which are offered to a client in exchange for the Subscription Fee.
“Proprietary Information” means all non-public business or technical information or materials disclosed to you by Get Fit, Eat Smart or any Wellness Professional, including the Documentation, any method of carrying out or delivering the Service, and any pricing or commercial terms related to the Service, including the price you have paid for the Plan and Service.
“Get Fit, Eat Smart Gear” means, collectively, the scale, wireless activity tracker, heart rate monitor, mobile application, and/or any other equipment provided by Get Fit, Eat Smart to you as part of the Plan and Service. (If applicable)
“Service” means Get Fit, Eat Smart’s internet-based weight loss and weight management program, which is delivered in one or more Plans.
“Site” means the Get Fit, Eat Smart-operated website through which the Service is made available to you.
“Subscription Fee” means, as set forth in the Plan and/or any Confirmation Email, the charge to the client for Services provided by Get Fit, Eat Smart. In some cases, all or a portion of the Subscription Fee may be billed to or paid by a client’s employer.
“Subsidiary” means any entity controlling, controlled by, or under common control of Get Fit, Eat Smart.
“Wellness Professional,” “Fitness + NEWtrition Strategist,” “Strategist” means an independent contractor or employee of Get Fit, Eat Smart who has been engaged or assigned by Get Fit, Eat Smart to consult with and make recommendations to Get Fit, Eat Smart’s clients as part of the Service.
“Weight Loss Goal” or “Feel Great Weight” means your specific weight loss program percentage as defined in the Plan or such other agreed upon weight loss percentage that would not drive your weight below a healthy weight range.
2. Use of the Service.
2.1 General. Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Get Fit, Eat Smart grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, a specific Plan, and any Documentation made available to you by Get Fit, Eat Smart. The Service has been designed by Get Fit, Eat Smart with the goal of assisting people who are overweight in weight loss and weight management. You agree that, in order to increase the probability of success in your efforts to lose or manage your weight, you must at a minimum: (a) follow Get Fit, Eat Smart’s protocol, as provided in any Documentation, to the best of your ability; (b) complete all recommended appointments or other sessions with your Wellness Professionals; (c) unless not provided in your Plan, weigh yourself on the Get Fit, Eat Smart-provided scale every day while not traveling; and (d) unless not provided in your Plan, carry or wear the Get Fit, Eat Smart-provided wireless activity tracker at all times. EVEN IF YOU CARRY OUT THE FOREGOING REQUIREMENTS, YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY, AND THAT GET FIT, EAT SMART DOES NOT GUARANTEE WEIGHT LOSS. You also understand and agree that we may, but we are not obligated to, modify the Service, Plan, and the Documentation for a variety of reasons, including for consistency with the most recent weight loss and weight management research. Your specific Weight Loss Goal will be modified to a lower agreed upon weight loss percentage if your weight loss would drive your weight below a healthy weight range.
2.2 Wellness Professionals. As part of the Plan and Service, Get Fit, Eat Smart will provide you with individual or group access to Wellness Professionals, who will consult with you by videoconference or telephone. You agree to work with your Wellness Professionals in good faith solely with respect to the Service, and you will not seek consultation from your Wellness Professionals for any other purpose. If you need to reschedule an individual appointment with a Wellness Professional, you agree to do so at least 24 hours in advance, or the session will be debited from your pre-paid account or charged to the account used to pay for your Plan. In addition, if you miss a scheduled individual appointment, the session will be debited from your pre-paid account or charged to the account used to pay for your Plan. You agree to conduct your sessions with Wellness Professionals alone, with no observers, and you will not record any such session in any way. You also understand and agree that Get Fit, Eat Smart may replace any Wellness Professional assigned to you at any time, with no advanced notice.
2.3 Your Health. GET FIT, EAT SMART IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION. Get Fit, Eat Smart is not a licensed medical care provider, and we have no expertise in diagnosing, examining, or treating medical or psychological conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You are urged and advised to seek the advice of a physician before beginning your use of the Service, and to get periodic medical check-ups as recommended by your primary-care physician. By using the Service, you represent that you are an adult who is healthy enough to begin a weight loss regimen that includes dieting and exercise. The Service is not intended for use by minors. If you are currently under the care of a health care professional or are living with a chronic health care condition, you represent that you have obtained the express approval from a health care professional to receive the Services before beginning. Never disregard professional medical advice or delay in seeking it because of something you have been told by Get Fit, Eat Smart staff or any Wellness Professional.
2.5 Restrictions. You may not: (a) license, sell, transfer, distribute, or otherwise commercially exploit or make available to any third party, access to the Service or any of the Documentation; (b) modify or make derivative works based on the Documentation or the Site; (c) use any robot, spider, or other automatic device or manual process to monitor or access the Site, record any interaction with a Wellness Professional, or in any way duplicate the Documentation; (d) copy any content, features, functions, or graphics of the Documentation or the Site other than in connection with your own personal use of the Service; (e) use the Site or the Service in a manner intended to abuse or violate the privacy or property rights of others; (f) tamper with or knowingly take any other action that may negatively affect the use of the Service or Documentation, or the functionality of the Site or any Get Fit, Eat Smart Gear; (g) reverse engineer, disassemble, or decompile the Site; or (h) use the Service, Site, Documentation, or Get Fit, Eat Smart Gear to build a competitive website or service, or to build a product or service using similar ideas, features, or functions.
3. You Assume All Risk In Using the Service.
Not all exercises or activities recommended by Get Fit, Eat Smart or any of the Wellness Professionals, or otherwise made available on the Site or in the Documentation, are suitable for everyone. You understand and agree that when participating in any exercise or exercise program, there is the possibility of injury or death. As such, YOU AGREE TO USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR USE OF THE SERVICE IN ORDER TO DETERMINE IF ANY RECOMMENDED EXERCISE OR ACTIVITY IS SUITABLE FOR YOU. If you feel any discomfort or pain during your use of the Service, you must immediately stop the exercise or activity causing such discomfort or pain, and dial 911 using your telephone if you need emergency help.
Get Fit, Eat Smart will not be responsible for any health problems or injuries that you may experience as a result of receiving the Services, including from training programs, products, or events you learn about through the Service. YOU HEREBY AGREE THAT YOUR USE OF THE SERVICE, INCLUDING YOUR USE OF ANY EXERCISE PROGRAM RECOMMENDED BY GET FIT, EAT SMART OR ANY WELLNESS PROFESSIONAL, IS AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, EVEN IF ANY ASPECT OF THE SITE OR DOCUMENTATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS PRESENTED.
4. Term and Termination.
4.1 Term. Unless otherwise specified in the Plan and/or a Confirmation Email, the term of this Agreement will begin on the Acceptance Date and will continue for the term specified in the Confirmation Email. If set forth in the Plan and/or a Confirmation Email, you will have the opportunity to renew your participation.
4.3 Effect of Termination. Upon the termination of this agreement, you agree to delete all copies of any Documentation in your possession or control.
4.4 Survival. Sections 2.5, 3, 4.3, 5.1, 5.3, 5.4, and 6 through 10 will survive the termination or expiration of this Agreement.
5.1 Subscription Fee. Your Subscription Fee, as set forth on the payment page of the Plan, is presented to you during the registration process and in the Plan and/or a Confirmation Email. Unless otherwise specified in the Plan and/or a Confirmation Email you are responsible for the full Subscription Fee from the Acceptance Date, even if you stop using the Service before the end of the term. .
5.2 Cancellation Fee. Unless otherwise specified in the Plan and/or a Confirmation Email, if you cancel your participation in any Plan prior to completing a full term, Get Fit, Eat Smart reserves the right to charge a cancellation fee to cover the cost of any administrative expenses (including legal cost), and the cost of non-returned or damaged equipment. The cancellation fee will be charged directly to the credit card provided to Get Fit, Eat Smart in the registration process or other credit card provided at the time of cancellation.
5.3 Promotions. Any promotion offered has no independent cash value and may not be combined with any other offers.
5.4 Taxes. You will be responsible for all taxes of whatever kind or nature imposed by any governmental authority upon any services provided to you hereunder, excluding taxes based upon Get Fit, Eat Smart’s income or property.
5.5 Get Fit, Eat Smart Promise. THERE ARE NO REFUNDS. Unless otherwise specified in the Plan and/or a Confirmation Email, if at the end of the initial 12 months on the Plan you notify us in writing that your use of the Service has not resulted in the achievement of your Weight Loss Goal (depending on which tier of the Service you have selected) or a lower agreed on goal, and you have in good faith met the requirements of the Service’s protocols (as set forth in the Documentation), and you have complied with the dietary and exercise recommendations provided to you by Get Fit, Eat Smart and the Wellness Practitioners, Get Fit, Eat Smart will extend participation in the same Plan to you for an additional 12 months at no charge. This Section 5.5 does not apply to Get Fit, Eat Smart Group clients.
6. Referral Program
Unless otherwise specified in the Plan and/or a Confirmation Email, Get Fit, Eat Smart offers an optional referral program. If you opt into participate in the program, the following standards apply:
If your personal referrer code is used during the signup process, you will earn a commission on that referral. Your earnings are subject to full collection of the user’s payment to Get Fit, Eat Smart.
You will be provided monthly notice of referral payments generated through your personal referrer code usage. In order to receive your referral payments, you must provide Get Fit, Eat Smart with any information it needs to make the referral payment. Your payment will be mailed within 30 days of Get Fit, Eat Smart receiving the information it needs, whichever is later. Your earnings will expire on December 31 of the calendar year in which the payments were earned if you do not provide Get Fit, Eat Smart with the information it needs to make the payments. All referral payments will be made by check, which may require the completion of a Form W-9 and a 1099-MISC for income tax purposes.
The referrer code is intended only for personal use by your friends and family. Any other usage will result in immediate deactivation of your personal referrer code. No referral payments will be made for this fraudulent activity.
7. Proprietary Rights.
7.1 Reservation of Rights by Get Fit, Eat Smart. Get Fit, Eat Smart is the owner or licensor of all right, title, and interest in the Service, Site, Documentation, and Get Fit, Eat Smart Gear, including all related intellectual property and other proprietary rights therein. No rights in these items are granted to you except as expressly set forth in this Agreement. You acknowledge and agree that the Service, Site, Documentation, and Get Fit, Eat Smart Gear, and any technology, written materials, and logos used in connection with these items, contain Get Fit, Eat Smart’s and its licensors’ intellectual property and other proprietary information, and are protected by United States and international intellectual property laws. Your infringement or misappropriation of such intellectual property and other proprietary information could expose you to both civil and criminal penalties under applicable laws.
7.2 License to Client Data. You hereby grant, and represent and warrant that you have the right to grant, Get Fit, Eat Smart a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, and perpetual right and license to publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, rearrange, store, copy, and use Client Data in order to (a) provide the Service to you, (b) analyze and improve the Service, Site, Documentation, and Get Fit, Eat Smart Gear, (c) conduct research on the efficacy of the Service, Site, Documentation, and Get Fit, Eat Smart Gear, and (d) promote, market, or advertise the Service or Site. You further grant Get Fit, Eat Smart permission to publish de-identified Client Data (i.e., Client Data that is made anonymous by removing your name and other identifiers that could foreseeably be used to identify you) as part of research studies, academic papers, and scholarly articles based any such research.
7.3 Suggestions. You hereby grant, and represent and warrant that you have the right to grant, Get Fit, Eat Smart a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, and perpetual right and license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from, rearrange, or incorporate into the Service, Site, Documentation, and Get Fit, Eat Smart Gear any ideas, suggestions, enhancement requests, recommendations or other feedback that you provide to us.
8.1 Your Rights and Obligations. You may not, without Get Fit, Eat Smart’s prior written consent (a) use the Proprietary Information except in conjunction with your use of the Service, or (b) disclose any of the Proprietary Information to any other person. As specified in the Plan and/or any Confirmation Email, your participation in certain Plans may permit or require you to disclose your Client Data to other Plan participants and/or to your employer. If you chose to participate in these Plans and to make your Client Data available, other Plan participants and/or your employer will not be under a duty of confidentiality with respect to such information.
9. No Warranties; Limitation of Liability; Indemnification.
9.1 Disclaimer of Warranties. THE SERVICE, SITE, DOCUMENTATION, AND GET FIT, EAT SMART GEAR ARE PROVIDED BY GET FIT, EAT SMART STRICTLY ON AN “AS IS”, WITH ALL FAULTS, AND “AS AVAILABLE” BASIS. GET FIT, EAT SMART DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. GET FIT, EAT SMART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
9.2 Limitation of Liability. THE CUMULATIVE AGGREGATE LIABILITY OF GET FIT, EAT SMART, ITS SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE WELLNESS PROFESSIONALS), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL GET FIT, EAT SMART, ITS SUBSIDIARIES, OR THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE WELLNESS PROFESSIONALS), HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST WAGES), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT GET FIT, EAT SMART WAS ADVISED SUCH DAMAGES MIGHT ARISE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GET FIT, EAT SMART.
9.3 Indemnification. You agree to defend and indemnify Get Fit, Eat Smart, its Subsidiaries, and their officers, directors, managers, members, agents, and representatives (including the Wellness Practitioners) against any claim, demand, action, lawsuit, and liability (including reasonable attorneys’ and experts’ fees) arising out of, or alleged to result from, your use of the Service or your breach of this Agreement.
10.1 Your Online Data. You agree to provide Get Fit, Eat Smart with access to (i.e., usernames and passwords for) your online accounts associated with your Get Fit, Eat Smart Gear (including your accounts on and www.withings.com) so that we may monitor your data on these accounts. For avoidance of doubt, all such data will be deemed Client Data for purposes of this Agreement.
10.2 Subcontractors. Get Fit, Eat Smart may subcontract some or all of its obligations under this Agreement, without providing any prior notice to you.
10.3 No Third Party Beneficiaries. Nothing in this Agreement is intended to create any rights in, or confer any benefits upon, any person or entity other than you and Get Fit, Eat Smart.
10.4 Assignment. You may not assign or transfer your rights or obligations under this Agreement to any other person or entity.
10.5 Use of “Including”. Wherever the word “including” is used in this Agreement, it is not intended to limit the proposition preceding it, but is rather intended to mean “including but not limited to.”
10.6 Force Majeure. Neither party will be responsible for delays or failure in performance (other than failures to make payments due under this Agreement) resulting from acts beyond the reasonable control of such party, including acts of God, strikes, lockouts, riots, acts of war, terrorism, epidemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.
10.7 Governing Law; Dispute Resolution. This Agreement will be governed by and interpreted in accordance with the laws of the State of Texas, without regard to its principles regarding conflicts of law. The United Nation’s Convention on Contracts for the International Sale of Goods is expressly disclaimed. Except as expressly set forth below in this paragraph, all disputes arising out of or relating to this Agreement or your use of the Service will be determined exclusively by arbitration in Fort Worth, Texas, before a single arbitrator. The arbitration will be administered by JAMS (www.jamsadr.com) in accordance with its Streamlined Arbitration Rules, and judgment on any award may be entered in and enforced by any court of competent jurisdiction. Notwithstanding the foregoing, you agree that Get Fit, Eat Smart may file a lawsuit in a state or federal court situated in Fort Worth, Texas if we seek any type of temporary or permanent injunction against you, or if we have a reasonable belief that you are infringing or misappropriating any of our intellectual property or other proprietary rights, and for the purpose of such lawsuit you hereby submit to the exclusive jurisdiction of state or federal courts situated in Fort Worth, Texas.
10.8 Entire Agreement. This Agreement and the Confirmation Emails constitute the sole and complete agreement between the parties with regard to the Service, and supersede all prior and contemporaneous agreements, proposals, representations, warranties, or promises, whether written or oral, relating to the Service. In the event of conflict between this Agreement and any Confirmation Email, the Confirmation Email shall control.
10.9 Severability. If any provision of this Agreement is adjudicated to be contrary to law, the provision will be modified and interpreted so as to best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
10.10 Manner of Giving Notice. All notices, permissions and approvals hereunder will be in writing and will be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the first business day after sending by email. Get Fit, Eat Smart will send notices to the address you provide to Get Fit, Eat Smart during your use of the Service. You agree to send notices to Get Fit, Eat Smart to the following address: Attn: Chief Executive Officer, Get Fit, Eat Smart, 7220 Routt Street, Fort Worth, TX 76112.
Terms & Conditions
CLIENT SUBSCRIPTION AGREEMENT
This document functions as a contract between you, the Client, and us, Get Fit, Eat Smart.
When attending events, purchasing services or soliciting advice from Get Fit, Eat Smart, you acknowledge that you have fully read, understood and agreed to these terms and conditions. Please seek clarification on any content that is not fully understood.
DESCRIPTION OF SERVICES
The purpose of Get Fit, Eat Smart is to provide information and guidance for the Client to expand their know-how and ability to lead a lifestyle focused on eliminating obesity related disparities, accelerating health equity, and strengthening your well-being. We strive to:
• Undo common misconceptions about NEWtrition.
• Reveal new avenues to perceive health capacity.
• Assist you in developing new strategies for health and wellness.
Services offered by Get Fit, Eat Smart include:
• Online programs
• Personal services
• Employee wellness training
• Group workshops and seminars
Specific services, topics of discussion and the length of each engagement will be limited to the scope defined in the program or service description. Our NEWtrition Programs are designed for adults; we cannot provide comprehensive advice for children under the age of 16.
Each session is highly customized to the Client’s needs, goals and limitations. Each session runs approximately 50 minutes. We meet at various agreed upon locations, online or by phone.
Clients should expect to fully engage in a significant behavior and lifestyle change, which will touch upon many areas of life and will likely present some level of emotional, mental and physical challenge. Get Fit, Eat Smart will be there to provide awareness, encouragement and inspiration, but we will maintain a professional relationship with Client and honor the agreed upon scope of service.
Furthermore, we do not make decisions for the Client, but act as a guide that offers information and support. Ultimately, you are the decision-maker and your success is greatly determined by your attitude and hard work.
Although we discuss in length the science behind nutrition and behavioral changes, Get Fit, Eat Smart does not employ a licensed medical or mental health practitioner; therefore, we do not provide medical advice. Services do not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association. Get Fit, Eat Smart NEWtrition Programs are not a substitute for counseling, psychotherapy, mental health care or substance abuse treatment. Our advice and opinions are not intended to be in place of any form of diagnosis, treatment or therapy from a licensed medical mental health practitioner.
All information gathered from Client, including name, contact information and medical history, are secured and confidential. Any views expressed by Client to Get Fit, Eat Smart will be held with the utmost confidentiality. Information will only be release with the consent of Client unless said information may potentially be injurious to a third party.
AVAILABILITY & PRICING
Eat More NEWtrition Program rates vary based on the length of your program. Exact pricing will be invoiced and can be paid through PayPal, cash or check.
A PAID invoice is required to schedule or attend any NEWtrition session. Additional participants will be invoiced.
This website, its content and all other promotional materials, in addition to all materials given directly to Clients, are copyright of Get Fit, Eat Smart. All rights reserved.
This website or any portion of the website, including content and design, may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose without the express written consent of Get Fit, Eat Smart. Nor may you transmit or store the material in any other website or other form of electronic retrieval system.
The reproduction or redistribution of part or all of the website content is prohibited other than in the following circumstances:
You may print or download to a local hard disk website extracts for your personal and non-commercial use only.
You may copy the website content to individual third parties for their personal use, but only if you acknowledge Get Fit, Eat Smart as the source of the material.
Any proprietary materials given directly to Clients from Get Fit, Eat Smart (e.g., handouts, guides, worksheets, etc.) may not be distributed to third parties without written permission.
The advice offered by Get Fit, Eat Smart requires that the Client engage in a life change, which may present him/her with emotional distress. However, the more the Client is committed to change, the more beneficial, satisfying and comfortable the experience will be.
As mentioned in the above Description of Services, Get Fit, Eat Smart does not give medical advice, make any health claims or guarantee a specific outcome. Rather, we give information and advice that is based on the research and conclusions of various experts in the field. We make very clear the distinction between our personal opinion and experience with the views of the scientific community.
Get Fit, Eat Smart does not offer any guarantee of success, definitive changed behavior or increase in profit. Since Client accepts full responsibility for decisions, we are not liable for medical complications or loss of income/profit.
It shall be the personal responsibility of the Client to ensure that any products, services or information available through this website or our services meet your specific requirements. As such, we strongly advise you consult with your medical doctor before any significant dietary or lifestyle adjustments.
Get Fit, Eat Smart may offer food to its Clients. We are not responsible for any resulting sickness or ailment from consuming these foods. The Client fully acknowledges to understand and accept the risks associated with consuming raw or undercooked animal products.
We endeavor to maintain the utmost accuracy in all communications; however, we cannot guarantee that our website content, written materials, teachings or advice are absolutely exact, up-to-date, free of error or suitable to your purposes. Any statement or recommendation from Get Fit, Eat Smart shall be viewed as an expert suggestion and in no way an expressed or implied diagnosis, prescription or guarantee. We expressly exclude liability for any inaccuracy or misinterpretation.
The Get Fit, Eat Smart website also includes links to other websites of interest as additional sources of information. Since these websites are not under our control, we cannot take responsibility for their content, nature or availability of use. The inclusion of any links does not necessarily imply a recommendation or an endorsement of the views expressed within.