Terms & Conditions
Effective January 2018
FitnessCoach.com® Web Site User Agreement
Welcome to the FitnessCoach® program website (the “FitnessCoach Website”) which is owned and operated by American Specialty Health Incorporated, a Delaware corporation with its corporate office located at 10221 Wateridge Circle, San Diego, CA 92121, on behalf of itself and its subsidiaries (hereinafter collectively referred to as "ASH" or "We"). The FitnessCoach program was created specifically for the special needs population, and encourages an active and fit lifestyle.
READ CAREFULLY. The following Terms and Conditions, together with the FitnessCoach Website Privacy Statement, constitute the legally binding agreement between each user (“you”) and ASH concerning the use of the FitnessCoach Website (this “User Agreement”). By using the FitnessCoach Website, you accept and agree to be bound by the following Terms and Conditions and the FitnessCoach Website Privacy Statement.
IMPORTANT NOTICES AND DISCLAIMERS
- THE FITNESSCOACH WEBSITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. IF YOU BELIEVE YOUR SYMPTOM OR SITUATION IS LIFE-THREATENING, CALL 911 OR YOUR EMERGENCY MEDICAL SYSTEM IMMEDIATELY.
- Medical Advice and Health Information Disclaimers:
1. ASH IS NOT A MEDICAL PROVIDER AND ITS STAFF CANNOT GIVE MEDICAL ADVICE OR PROVIDE ANY INFORMATION CONCERNING THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL OR HEALTH CONDITION. THE INFORMATION ON THE FITNESSCOACH WEBSITE IS OF A GENERAL NATURE AND IS INTENDED ONLY FOR EDUCATIONAL PURPOSES TO HELP WITH YOUR PERSONAL FITNESS AND HEALTHY AGING GOALS AND SHOULD NOT BE RELIED ON AS MEDICAL ADVICE. THE INFORMATION ON THE FITNESSCOACH WEBSITE SHOULD NOT BE USED AS A SUBSTITUTE FOR THE DIAGNOSIS OR TREATMENT OF OR CONSULTATION CONCERNING ANY MEDICAL OR HEALTH CONDITION BY QUALIFIED HEALTH CARE PROFESSIONALS.
2. The FitnessCoach Website and services are in no way intended to be professional medical advice, or substitute for professional medical advice, nor do they provide medical services or a medical exam. Furthermore, the FitnessCoach Website and services are intended for educational purposes only. Products and services available on the FitnessCoach Website are not insurance. The FitnessCoach Website expressly prohibits you from using information and services on the FitnessCoach Website to diagnose, treat, cure, or prevent any medical condition. Application or reliance on any of the content, techniques, ideas, and suggestions accessed through the FitnessCoach Website is at your sole discretion and risk.
3. The information provided on the FitnessCoach Website does not substitute for or replace services of trained professionals in their fields of expertise. 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 ASH 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 FitnessCoach Website. ASH shall not be liable for any direct, indirect, consequential, special, exemplary, or other damages that may result from the use of the FitnessCoach Website, including, without limitation, any such damages with respect to any economic loss, injury, illness, or death.
4. You should not delay or forego seeking medical care from a licensed health care professional because of information that may be referenced on the FitnessCoach Website. 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.
5. You agree that you will not use information provided on the FitnessCoach Website to self-diagnose, treat, cure, or prevent any medical condition.
6. The information contained herein has been devised generally and could be affected by certain cultural, social, dietary, or language differences.
7. Personal Health Improvement Disclaimer: 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, MENTIONED OR PROVIDED ON THE FITNESSCOACH WEBSITE. 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 on Fitnesscoach.com prior to seeking the advice of a physician.
8. General Information Disclaimer: The FitnessCoach Website 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 the FitnessCoach Website. The information on the FitnessCoach Website is subject to change without notice and cannot be guaranteed to be current.
Enrolling in the FitnessCoach Program through the FitnessCoach Website.
As an eligible FitnessCoach program member, you have the option to enroll on-line through the FitnessCoach Website. If your Medicare Advantage plan or other health plan requires that you pay a fee at the time of enrollment in the FitnessCoach Home Program, you can make the payment through on-line enrollment. If you are required to pay a fee for enrollment in a fitness center, you can make the payment directly to the fitness center unless the fitness center does not accept the fee. If applicable, you are only required to pay a fee once per benefit year at the time of enrollment. When enrolling on-line, you can pay by credit card/debit card. You will not receive any FitnessCoach enrollment materials, including your Welcome letter, until payment is received. If you disenroll from the FitnessCoach program during the benefit year, your fee will not be reimbursed to you. For information regarding how we keep your payment information secure, please see the Privacy Statement posted on FitnessCoach.com.
Finding a Provider or Fitness Center.
The fitness centers listed on the FitnessCoach Website are independent contractors and are not employees or agents of ASH. ASH does not exercise any control or direction over the manner or method by which fitness centers listed on the FintessCoach Website provide services to you. The fitness center directory on the FitnessCoach Website is for informational purposes only and is not intended to be an endorsement or recommendation of any fitness center.
Third-Party Products and Services.
You acknowledge and agree that ASH and the FitnessCoach Website make no representation or warranty, whether express or implied, with respect to: (i) the availability, price, make, material, craftsmanship, style, genuineness, quality, durability, performance, warranty, customer service, or ethical or environmental standard of any Third-Party Product/Service; or (ii) your level of satisfaction with any Third-Party Product/Service. You further acknowledge and agree that in no event shall ASH and the FitnessCoach Website be held responsible or liable for any injury (including death), loss or damage of any kind incurred by you or any other person as a result of: (i) your use of (or inability to use) a Third-Party Product/Service; (ii) any defect or error in a Third-Party Product/Service; (iii) the failure or refusal by an Applicable Third-Party Seller/Provider to accept a return, to make an exchange, to issue a refund or credit, or to honor a warranty with respect to a Third-Party Product/Service; or (iv) any billing error, overcharge, or any unauthorized or fraudulent charge, by an Applicable Third-Party Seller/Provider. You hereby release (to the maximum extent permitted by applicable law) ASH and its affiliates and subsidiaries and their respective officers, directors, agents, and employees from any and all losses, claims, liabilities and 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 issue or dissatisfaction you may have with a Third-Party Product/Service.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FITNESSCOACH WEBSITE AND THE INFORMATION PROVIDED HEREIN IS ENTIRELY AT YOUR OWN RISK. ASH 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 THE FITNESSCOACH WEBSITE, YOUR USE OF THE FITNESSCOACH WEBSITE, OR ANY INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED THROUGH OR RESIDING ON THE FITNESSCOACH WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ASH 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 ASH, ITS AFFILIATES AND LICENSORS FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE FITNESSCOACH WEBSITE.
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 THE FITNESSCOACH WEBSITE IS PROVIDED "AS IS," AND ASH AND ITS AFFILIATES AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE FITNESSCOACH WEBSITE 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, ASH DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ANY INFORMATION ACCESSIBLE VIA THE FITNESSCOACH WEBSITE 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 THE FITNESSCOACH WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
ASH DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT POSTED ON THE FITNESSCOACH WEBSITE.
IF YOU ARE DISSATISFIED WITH THE FITNESSCOACH WEBSITE AND THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUANCE OF YOUR USE OF THE FITNESSCOACH WEBSITE.
Limitation of Liability for Your Employer.
If you are using this FitnessCoach Website as a benefit provided to you by your employer, your right to use the FitnessCoach Website is subject to your acknowledgment and agreement that your employer is not a party to the relationship between ASH and you, and that your employer has no control over ASH, the contents of the FitnessCoach Website and any information, products, or services provided to you. Therefore, as part of this User 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 FitnessCoach Website, 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 FitnessCoach Website, including, but not limited to, any such damages with respect to any economic loss, injury, illness, or death.
User Password and Information.
You may elect to change your password during the registration process. You may not disclose or share your password with any third parties, including your caregiver if applicable, or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality and security of any password(s) used to access the FitnessCoach Website. 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 logout 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 FitnessCoach Website 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.
ASH 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 the FitnessCoach Website or any part of the FitnessCoach Website, 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 the FitnessCoach Website and various products or services provided on the FitnessCoach Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers or providers of products or services found on or through the FitnessCoach website or any other ASH Website, 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 ASH 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 the FitnessCoach Website.
Third-party websites linked to the FitnessCoach Website are not under the control of ASH, and ASH is not responsible for the content of any linked third-party website or any link contained in a linked third-party website, or any changes or updates to such third-party websites. ASH 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 ASH of the linked third-party website or its products or services. ASH is not responsible for any activities that you may engage in on any linked third-party website, including without limitation, purchase of third-party products or services. Once you link to a third-party website, you will be subject to the terms and conditions, privacy statement and editorial policy of that third-party website. Your linking to such third-party websites is at your own risk, and ASH 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 third-party website. In addition, you may not provide links to the FitnessCoach Website without the prior written permission of ASH.
Not Intended for Minors.
The FitnessCoach Website is not designed or intended for use by minors. Minors under the age of 18 years old are not permitted to use the FitnessCoach Website without the permission and oversight of a parent or guardian.
Your privacy is important to us. To learn more about how ASH protects your protected health information and your personally identifiable information, collected on the FitnessCoach Website, please refer to the Privacy Statement.
Except as expressly otherwise provided in this User Agreement or the Privacy Statement, any other communication(s) or material(s) you transmit to the FitnessCoach Website 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 ASH, ASH’s vendors, or its affiliates or related entities for any purpose, including but not limited to, reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, ASH, ASH’s vendors and its affiliates and related entities are free to use any information, ideas, concepts, inventions, or techniques contained in any communication you send to the FitnessCoach Website 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 the FitnessCoach Website.
You represent and warrant that any content or material you submit to ASH: (1) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; (2) will not violate any law, statute, ordinance or regulation; (3) will not be obscene or contain child pornography; (4) will not contain any viruses, worms, time bombs or other computer programming code that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (5) will not violate any third party's rights of publicity or privacy; and (6) will not be defamatory, unlawfully threatening or harassing, harmful to minors in any way, or otherwise offensive or inappropriate. You are responsible for complying with all laws applicable to your submitted content or material.
The FitnessCoach Website 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 the FitnessCoach Website (collectively, "Content"). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by ASH, ASH affiliates, or by third parties that have licensed their use to ASH. You may download material displayed on the FitnessCoach Website for noncommercial, personal use only, including showing the print-out to your caregiver, 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 the FitnessCoach Website for public or commercial purposes without ASH's prior written permission. Nothing on the FitnessCoach Website shall be construed as conferring any license or other rights under the intellectual property or other proprietary rights of ASH, its affiliates, or any third party, whether by estoppel, implication, or otherwise.
FitnessCoach and the FitnessCoach logo 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 the FitnessCoach Website is copyrighted Copyright © 2013-2016, American Specialty Health Incorporated or its licensors. All rights reserved.
You hereby agree to defend, indemnify, and hold harmless ASH 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 the FitnessCoach Website.
You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the FitnessCoach Website or any transaction conducted on the FitnessCoach Website. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
ASH 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 ASH’s successors, assigns, and licensees.
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:
P.O. Box 509117
San Diego, CA 92150-9117
Governing Law and Severability.
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 law’s 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 User Agreement and you hereby consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.
Any waiver of any provision of this User Agreement will be effective only if in writing and signed by ASH. The failure of ASH 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.
From time to time, we may update and modify this User Agreement and/or the FitnessCoach Website (or any part thereof) to accommodate new technology, industry practices, regulatory requirements, or for other purposes. We will provide you with notice if the changes are material and, where required by applicable law, we will obtain your consent. Unless expressly otherwise agreed, all material changes will apply prospectively only. If you have an account on the FitnessCoach Website, we may ask you to affirmatively agree to the changes (e.g., by checking a box or clicking a button) at the time of your next account login on the FitnessCoach Website.
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 Website At Own Risk.
THE SERVICES, PRODUCTS, AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FITNESSCOACH WEBSITE ARE DONEAT 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. ASH IS NOT RESPONSIBLE FOR ANY TERMINATION OF YOUR CONNECTION TO THE FITNESSCOACH WEBSITE, EVEN IF SUCH TERMINATION OF CONNECTION AFFECTS ANY PURCHASE OR OTHER ACTIVITY OF USER ON THE FITNESSCOACH WEBSITE..