Terms & Conditions
Terms & Conditions
Version 1.3
Last updated 4/23/2019
ACCEPTANCE OF THE TERMS & CONDITIONS.
Please read these Terms and Conditions (“Terms”) carefully before accessing www.getautoimmunestrong.com (“Website”) as they are a legally binding between you and Autoimmune Strong, LLC (“Autoimmune Strong”, “we”, or “us”) a Massachusetts Limited Liability Company. The following Terms govern your access to and use of the Website, including any content, functionality, products, on-line forums, and services offered on or through the Website, whether as a guest or a registered guest. By accessing or using the Website and/or utilizing any of Autoimmune Strong’s services, you accept and agree to be bound and abide by these Terms and the Privacy Policy.
The Website is not directed to children. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Autoimmune Strong and meet all of the foregoing eligibility requirements. Autoimmune Strong also reserves the right to cancel your membership should you violate any portion of these Terms or any other posted policy on the Website. If you do not agree to any portion of these Terms or the Privacy Policy, you must not access or use the Website or otherwise use any services provided by Autoimmune Strong.
THESE TERMS MIGHT CHANGE.
Autoimmune Strong may revise and update these Terms and/or the Privacy Policy at any time. All changes are effective immediately when posted on the Website and apply to all access to and use of the Website and any of Autoimmune Strong’s services thereafter. You are expected to check this page and the Privacy Policy from time to time so you are aware of any changes, as they are binding on you. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website and/or any of Autoimmune Strong’s services following the posting of revised Terms and/or Privacy Policy means that you accept and agree to the changes.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and/or Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS.
The Website and the entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Autoimmune Strong, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, without prior written permission from Autoimmune Strong.
Autoimmune Strong grants you limited permission to provide your physician with access to your account for the sole purpose of determining whether your physician grants you permission to participate in our programs and services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Autoimmune Strong. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
TRADEMARKS.
The Autoimmune Strong name, the Autoimmune Strong logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Autoimmune Strong. You must not use such marks without the prior written permission of Autoimmune Strong. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
COPYRIGHT INFRINGEMENT.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Website infringe your copyright, you may request removal of those materials (or access to them) by submitting written notification to the address listed below in Contact Information. It is the policy of Autoimmune Strong to terminate the user accounts of repeat infringers.
PROHIBITED USES OF THE WEBSITE.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Autoimmune Strong, a Autoimmune Strong employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Autoimmune Strong or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Websites.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Websites.
Otherwise attempt to interfere with the proper working of the Website.
MEDICAL DISCLAIMER.
The opinions and/or information presented on this Website are in no way intended as medical advice or as a substitute for medical treatment and as a material condition of this agreement, you agree not to use such opinions or information in this manner. ANY INFORMATION PROVIDED BY AUTOIMMUNE STRONG SHOULD ONLY BE USED IN CONJUNCTION WITH THE GUIDANCE, CARE, AND APPROVAL OF YOUR PHYSICIAN. Consult your physician before beginning any diet, nutrition, or fitness plan, including any offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Nothing herein is intended to diagnose, treat, cure or prevent any disease. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
Special Medical Conditions: If you have special medical conditions, including, but not limited to, you are pregnant, a nursing mother, anorexic, bulimic, diabetic, have a heart condition, or if your health conditions change in a material way, you agree not to participate in any program discussed on the Website or otherwise promoted or offered by Autoimmune Strong except on the specific advice of your physician. If you fit into one of these categories and have already joined a program, you agree that you will contact us immediately so that your membership and/or access may be terminated or, at your option, suspended until you obtain specific advice and approval of your physician.
ENROLLMENT POLICY.
When signing up to Autoimmune Strong, you are agreeing to the following policies:
Free Trial: By entering your email address, password and credit card, you agree to sign up for a 7-day free trial. Your credit card will not be charged until the 7 days are completed. You may cancel at any time within the 7 days by contacting info@getautoimmunestrong.com. If you do not elect to cancel your account within the 7 day time period, your account will be activated, in whichever membership category you selected (monthly or annual) and your credit card will be charged. This free trial policy does not apply to small group coaching.
Recurring Membership Fee: Your account will be billed automatically on the first day after your 7-day free trial has ended of each month, or year, depending upon your plan, without notice. This does not apply to small group coaching, which is a one-time, non-recurring fee.
Cancellation Policy: Once you have begun your Autoimmune Strong membership, you may cancel your account at any time by emailing info@getautoimmunestrong.com, and your recurring billing will be stopped. Your account will remain open until the paid billing cycle is over, and then it will be closed. This does not apply to small group coaching, which is a one-time non-recurring fee.
Small Group Coaching: The fee for small group coaching is billed immediately after signup. There is a 7-day test period, during which you can cancel by emailing info@getautoimmunestrong.com and receive a full refund. After the 7 day test period is up, no refunds will be processed. Your account will be closed at the end of the 12 week small group class period.
Refund Policy: Refunds are not guaranteed. All refund requests are reviewed and seriously considered. Please contact info@getautoimmunestrong.com for more details.
USER CONTRIBUTIONS.
The Website may contain message boards, chat rooms, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Websites.
All User Contributions must comply with the Content Standards set out in these Terms & Conditions.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contributions on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Autoimmune Strong, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
If you are provided with access to a social media page organized by Autoimmune Strong you will also be subject to Autoimmune Strong’s Community Policy. You will also be subject to that social media platform’s Terms and Conditions and Privacy Policy and Autoimmune Strong does not control and is not liable for any Personal Data that platform collects from you.
MONITORING AND ENFORCEMENT; TERMINATION.
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Websites or the public, or could create liability for Autoimmune Strong.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. You agree to waive and hold harmless Autoimmune Strong and its affiliates, licensees, and service providers from any claims resulting from any action taken by Autoimmune Strong and any of the foregoing parties during, or taken as a consequence of, investigations by either Autoimmune Strong or law enforcement authorities.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
CONTENT STANDARDS.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you are provided with access to a social media page organized by Autoimmune Strong you will also be subject to the Content Standards of our Community Policy.
RELIANCE ON INFORMATION POSTED.
The information posted on or through the Website or any social media page organized by Autoimmune Strong is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website and any social media page organized by Autoimmune Strong may include content provided by third parties, including materials provided by other users, bloggers, and third party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Autoimmune Strong, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Autoimmune Strong. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS FROM THE WEBSITE.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
DISCLAIMERS AND LIMITATION OF LIABILITY.
You expressly agree that use of the Website is at your sole risk. Neither Autoimmune Strong, nor its associated websites, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representations regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Autoimmune Strong does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
The website is provided by Autoimmune Strong on an "as is" and "as available" basis. Autoimmune Strong makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Autoimmune Strong disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Autoimmune Strong or its providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold, recommended or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Autoimmune Strong is expressly advised of the possibility of such damages. In no event shall Autoimmune Strong’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Autoimmune Strong, providers or the like, shall create a warranty; nor shall user rely on any such information or advice.
Under no circumstances shall Autoimmune Strong or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
THIRD-PARTY CONTENT.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Autoimmune Strong does not exercise editorial control over third party Content, and the opinions expressed in third party Content do not necessarily reflect those of Autoimmune Strong. Autoimmune Strong does not guarantee the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. Autoimmune Strong expressly reserves its rights under Section 230 of the Communications Decency Act.
INDEMNITY.
You agree to defend, indemnify, and hold Autoimmune Strong, its affiliates, providers, agents, owners and employees harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
GOVERNING LAW AND JURISDICTION.
All matters relating to the Website and these Terms and the Privacy Policy and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Massachusetts or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms, Privacy Policy, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts, in each case located in the City of Northampton and County of Hampshire, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms or our Privacy Policy in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION.
At Autoimmune Strong's sole discretion, it may require you to submit any disputes arising from the use of these Terms, Privacy Policy, or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Massachusetts law.
WAIVER AND SEVERABILITY.
No waiver by Autoimmune Strong of any term or condition set out in these Terms or Privacy Policy shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Autoimmune Strong to assert a right or provision under these Terms or Privacy Policy shall not constitute a waiver of such right or provision.
If any provision of these Terms or Privacy Policy is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.
ENTIRE AGREEMENT.
The Terms, our Privacy Policy, and our Community Policy constitute the sole and entire agreement between you and Autoimmune Strong regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
GEOGRAPHIC RESTRICTIONS.
The owner of the Websites is based in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of its content is accessible or appropriate outside of the United States. Access to the Websites may not be legal by certain persons or in certain countries. If you access the Websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
CONTACTING AUTOIMMUNE STRONG.
To contact us regarding these Terms, Privacy Policy, or Community Policy you may contact us by emailing info@getautoimmunestrong.com and one of our customer service representatives will get back to you in the order your message was received.