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Terms & Conditions

Welcome to FitnessCoach.com. FitnessCoach.com is owned and operated by American Specialty Health Incorporated on behalf of itself and its subsidiaries (hereinafter collectively referred to collectively as "FitnessCoach" or "We").

READ CAREFULLY. BY USING THIS WEB SITE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT AND THE PRIVACY POLICY. USE OF FITNESSCOACH.COM IS STRICTLY SUBJECT TO THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. This agreement explains the terms and conditions governing usage of the FitnessCoach.com Web site, and it is your responsibility to read and understand them. By using this FitnessCoach.com Web site, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not access or use this Web site.

THE WEB SITE OF FITNESSCOACH.COM IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY.

Important Note: The Web site and services are in no way intended to be professional medical advice, or substitute for professional medical advice, nor do they provide medical services. Furthermore, the Web site and services are intended for educational purposes only. Products and services available on this Web site are not insurance. This Web site expressly prohibits you from using information and services on this Web site to diagnose, treat, cure, or prevent any medical condition. Application or reliance on any of the content, techniques, ideas, and suggestions accessed through the Web site is at your sole discretion and risk.

Important Note: It is expressly noted that some personal health improvement programs are not appropriate for individuals who have certain medical or other health conditions. YOU ARE STRICTLY RESPONSIBLE FOR SEEKING MEDICAL ADVICE FROM A PHYSICIAN PRIOR TO PARTICIPATING IN ANY PERSONAL HEALTH IMPROVEMENT PROGRAM DISCUSSED OR ADDRESSED IN FITNESSCOACH.COM. You hereby agree and understand that you may not be aware of a medical condition from which you suffer, and therefore you should not participate in the personal health improvement programs discussed in FitnessCoach.com prior to seeking the advice of a physician.

Important Note: You should consult with your physician or pharmacist before taking any prescription or over-the-counter drugs (including any herbal medicines or dietary supplements) or following any treatment or regimen. Only your physician or pharmacist can provide you with advice on what is safe and effective for you.

General Information Disclaimer. This Web site does not make any warranty, express or implied, or assume any legal liability or responsibility for the completeness or usefulness, or the accuracy or quality of any information presented on this Web site. The information on this Web site is subject to change without notice and cannot be guaranteed to be current.
Health Information Disclaimer. The information provided on this Web site does not substitute for or replace services of trained professionals in their fields of expertise. FitnessCoach is not a medical provider and its staff cannot give you medical advice or provide any information concerning the diagnosis or treatment of any health condition. The information on this Web site is of a general nature and is intended only for educational purposes to help with your personal health improvement goals and should not be relied on as medical advice. We recommend consulting with a doctor on a regular basis with respect to any matter relating to physical or mental health, especially concerning symptoms that may require diagnosis or medical attention. Neither FitnessCoach nor any of its affiliates, licensors or suppliers make any representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information provided on or through the Web site. FitnessCoach shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the Web site, including, without limitation, any such damages with respect to any economic loss, injury, illness or death.
Product Purchases. This Web site does not endorse or warranty any product, including any prescription or over-the-counter drug (including any herbal medicines or dietary supplements) and any personal health improvement products referenced or offered on this Web site. You agree that FitnessCoach will not be liable with respect to any product, service, or information obtained through the Web site. You hereby release FitnessCoach (and its affiliates, subsidiaries, and their respective officers, directors, agents, and employees) from any loss, claims or damages (including without limitation any direct, indirect, consequential, incidental, punitive, special or exemplary damages), whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that arise from or relate to any dissatisfaction you may have with any product, services or information obtained through the Web site.

We may make certain products and services available to you through links to third-party Web sites. Some products may be shipped from a third party vendor. Before you purchase any products or services through any such third-party Web site or third-party shipping vendor, we urge you to carefully review any such third party's terms and conditions, privacy, security, return and guarantee policies. Your correspondence or business dealings with any such third party, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that FitnessCoach shall not be responsible or liable for any loss, claim or damages of any sort incurred as a result of any dealings with any such third party.
Cancellations and Refunds. After your no-cost trial period has expired (if applicable), and you become a subscribing member of FitnessCoach.com, the following policies apply in the event that you wish to cancel your FitnessCoach® subscription:
- Automatic renewal of membership subscriptions: Your FitnessCoach membership will be automatically renewed for the same membership period originally selected. You are responsible for payment of these renewal charges until you notify Healthyroads (an ASH subsidiary) of cancellation of the subscription or of a change to your current FitnessCoach subscription. Cancellation or membership subscription changes may be requested at any time. Refunds for such cancellations or changes will be calculated as outlined below, depending on your current subscription term.
Please note that all refunds and credits apply to the FitnessCoach membership subscription fee only and do not apply to any additional products or services purchased through FitnessCoach.com.
Interactive Tools. Any interactive sections, including but not limited to, Exercise Program, e-Coaching, Health Survey, and Health Trackers (“hereinafter collectively named “Health Trackers”), contained in this Web site are designed to give health information specifically related to the information you provided. You agree that the information you enter for all Health Trackers is true and correct, and that if any information changes, you will correct it. Information you enter into Health Trackers is retained by FitnessCoach, but is not utilized by FitnessCoach other than for interacting with you in delivering the services of the Web site, or as otherwise authorized by you. Use of these Health Trackers and any interactions with FitnessCoach staff affiliated with this Web site concerning these Health Trackers or any services purchased over the FitnessCoach.com Web site are for health education and information purposes only. Use of the Health Trackers and any services provided to you do not constitute medical or other health care advice and are not intended to replace the diagnosis, treatment, and advice of your physician and other health care professionals. For information regarding FitnessCoach’ other uses of your personal information, please see paragraph #12 regarding the privacy policy.
Disclosures and Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. FITNESSCOACH AND ITS AFFILIATES AND LICENSORS WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE, YOUR USE OF THIS WEB SITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THIS WEB SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF FITNESSCOACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST FITNESSCOACH, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THIS WEB SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY AND ALL INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED “AS IS,” AND FITNESSCOACH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FITNESSCOACHDISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE AND SUCH INFORMATION, SERVICES, PRODUCTS, CONTENT AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FITNESSCOACH DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PRICE AND AVAILABILITY INFORMATION FOR ANY PRODUCT OR SERVICE PROVIDED THROUGH THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

FITNESSCOACH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THE SITE.

IF YOU ARE DISSATISFIED WITH THE WEB SITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE WEB SITE.
Limitation of Liability for User’s Employer. If you are using this Web site as a benefit provided to you by your employer, your right to use the Web site is subject to your acknowledgment and agreement that your employer is not a party to the relationship between FitnessCoach and you, and that your employer has no control over FitnessCoach, the contents of this Web site and any information, products, or services provided to you. Therefore, as part of this Agreement, you agree that your employer shall not be subject to any claims, whether in contract, tort, or otherwise, based on your use of this Web site, and your employer shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the Web site, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.
User Password and Information. You will select a password and user I.D. during the registration process. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality and security of any password(s) used to access this Web site. You are also responsible for all activity that occurs under your password and should immediately notify FitnessCoach.com of any unauthorized use of your password. You must also ensure that you exit from your account at the end of each session. In addition, you must provide FitnessCoach.com with accurate, true, current, and complete information about yourself, and you must promptly provide any updates necessary to keep such information accurate, true, current and complete at all times. You may not impersonate another person or entity, and you may not use FitnessCoach.com to harass or stalk another user. You agree that you will not use the Web site for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communication of any kind. We cannot and will not be liable for any loss or damages arising from or relating to your failure to comply with any of the obligations in this paragraph.

FitnessCoach.com has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to this Web site or any part of this Web site, without any notice or incurrence of liability. This termination may occur for any reason, including, but not limited to failure to abide by this User Agreement, or any applicable law regarding the use of this Web site and various products or services provided on this Web site.
Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through this Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser or provider. You agree that FitnessCoach shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or providers on this Web site.
Links. We may provide links to third-party Web sites that may be of interest to you. Such links are strictly for informational purposes. Third-party Web sites linked to this Web site are not under the control of FitnessCoach, and FitnessCoach is not responsible for the content of any linked Web site or any link contained in a linked Web site, or any changes or updates to such Web sites. FitnessCoach.com provides these links to you only as a convenience, and the inclusion of any link does not imply a financial or business relationship, or endorsement by FitnessCoach.com of the Web site or its products or services. FitnessCoach is not responsible for any activities that you may engage in on any linked Web site, including without limitation, purchase of products or services. When you link to a third party Web site, you will be notified you are leaving FitnessCoach.com or the link will be clearly marked as a partner Web site. Once you link to a third-party Web site, you will be subject to the Terms of Use, Privacy Statement and/or Editorial Policy of that Web site. Your linking to such Web sites is at your own risk, and FitnessCoach is not responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such Web site. In addition, you may not provide links to the Web site without the prior written permission of FitnessCoach.
Not Intended for Minors. This web site is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use this web site without the permission and oversight of a parent or guardian.
Privacy Policy. FitnessCoach may use and/or provide your personal information to your employer, health plan, or other entities that have contracted with your employer or health plan to provide you with other health-related services on behalf of your employer and/or your health plan. In certain limited situations, FitnessCoach may be required to provide your employer with personal information to perform billing, eligibility, and other administrative functions. In these situations, FitnessCoach ensures that there are security blocks in place so that personal information is only disclosed to those employees who perform the benefit administration process described above. To learn more about how FitnessCoach protects personal health information and personally identifiable information, please refer to the Privacy Statement.

User Submissions. Except as expressly provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) transmitted to this Web site by electronic mail or other medium, including any questions, comments, or suggestions, is and will be treated as non-confidential and non-proprietary information and may be used by FitnessCoach, FitnessCoach’ vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, FitnessCoach, FitnessCoach’ vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication sent to this Web site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services. If you wish to keep any information, ideas, concepts, inventions or techniques private or proprietary, do not submit them to this Web site.
Proprietary Information. This Web site contains proprietary information, including, but not limited to, logos, service marks, trademarks, software, photos, videos, text, graphics, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, and the selection, assembly, and arrangement of information on this Web site (collectively, “Content”). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks and other proprietary rights that are owned by FitnessCoach.com, FitnessCoach.com affiliates, or by third parties that have licensed their use to FitnessCoach.com. You may download material displayed on this Web site for noncommercial, personal use only, including showing the print-out to your personal physician or pharmacist, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, use, reproduce, copy, distribute, modify, transmit, repost, display, publish, sell, license, create derivative works, assign, or transfer any Content or information on this Web site for public or commercial purposes without FitnessCoach.com’s prior written permission. Nothing on this Web site shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of FitnessCoach, its affiliates, or any third party, whether by estoppel, implication, or otherwise.

FitnessCoach and FitnessCoach.com are federally registered trademarks of American Specialty Health Incorporated. You shall not display, disparage, dilute, or taint our marks or use any confusingly similar marks or use our marks in such a way that would misrepresent who the proper owner of such marks is. Any permitted use of our marks by you shall inure to our benefit. Content of this Web site is copyrighted Copyright © 2007, American Specialty Health, Inc. or its licensors. All rights reserved.
Indemnification. You hereby agree to defend, indemnify, and hold harmless FitnessCoach and its affiliates, employees, officers, directors, agents and licensors from and against any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, related to your violation of this User Agreement or any activity by you on this Web site.
System Integrity. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Web site or any transaction conducted on the Web site. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Assignment. FitnessCoach may assign this User Agreement, or any of its rights or obligations under this User Agreement, to any third party without your prior consent. This User Agreement will inure to the benefit of FitnessCoach’ successors, assigns and licensees.
Notices. All notices required or permitted by this User Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail to the following address:

FitnessCoach
P.O. Box 509040
San Diego, CA 92150-9040
Governing Law. This User Agreement shall be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. You hereby agree that the courts located in the State of California, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Waiver. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by FitnessCoach. The failure of FitnessCoach to insist upon or enforce the strict performance of the terms of this User Agreement, or to exercise any right under this User Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that or any other instance.
Modifications. At any time, and without prior notice, FitnessCoach retains the right to modify the:
- Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
- Web Site. This Web site, or any part thereof, may be discontinued, modified or altered without prior notice and without incurring any liability. FitnessCoach reserves the right to change or discontinue any content, products, and services made available through the Web site at any time and without any notice to you.
All modifications made to the Agreement, Specific Terms or the Web site are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the Web site. You are responsible for regularly reviewing this User Agreement and any Specific Terms for any changes that may affect your rights or obligations. Any use of the Web site and services after the effective date of any modifications constitutes an agreement to the modifications. Each time you access the Web site, you will be deemed to have accepted any modifications. All modifications are made exclusively by FitnessCoach and are not valid unless expressly agreed to by FitnessCoach.
Changes to the Privacy Policy. Significant changes that affect the use of your personal information will not be made until you are given notice of those changes. If we make changes to our privacy policy as described in the Privacy Statement, we will post the revised Privacy Statement on the Web site. Any use of the Web site and services after the effective date of any changes to the Privacy Statement constitutes an agreement to the changes. Each time you access the Web site, you will be deemed to have accepted any changes.
Severability. If, for any reason, a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.
Use Web Site At Own Risk. THE SERVICES, PRODUCTS AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE ARE DONE AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCTS OR CONTENT. FitnessCoach IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THIS WEB SITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY ON THIS WEB SITE.