Effective date: August 15th, 2016
Welcome to Helthee (“Helthee,” “we,” “us” or “our”). Helthee is a web and app platform that connects individuals with 5-star certified & vetted personal trainers and other fitness professionals in your area.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HELTHEE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using the Service,(1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Service.
The Service may only be used to use or offer personal training and fitness services, and for no other purpose. Helthee is a platform used to connect users pursuing fitness professionals with fitness professionals and as such Helthee trainers are not employees of Helthee and Helthee is not hiring a Helthee trainer for any Helthee Member.
- You must be at least 18 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Helthee prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Helthee upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
- You agree that you will not solicit, collect or use the login credentials of other Helthee users.
- You are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
- You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Helthee.
- You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Helthee users.
- You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any Helthee page is rendered or displayed in a user's browser or device.
- You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- We reserve the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without liability to you. You can deactivate your Helthee account at any time. If we terminate your access to the Service or you deactivate your account, your data will no longer be accessible through your account, but those materials and data may persist and appear within the Service (e.g., if your Content has been re-shared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- We reserve the right to force forfeiture of any username for any reason.
- You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Helthee is not responsible or liable for the conduct of any user. Helthee reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
- There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third party web sites or features in images or comments within the Service. The Service also includes third-party content that we do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third party web site or feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Helthee does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Helthee is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Helthee has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Helthee Parties (defined below) harmless for activity related to the Application.
- You agree that you are responsible for all data charges you incur through use of the Service.
- We prohibit crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Helthee's express consent).
- Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Helthee may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
- The Service contains content owned or licensed by Helthee ("Helthee Content"). Helthee Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Helthee, Helthee owns and retains all rights in the Helthee Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Helthee Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Helthee Content.
- The Helthee name and logo are pending trademark applications of Helthee, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Helthee. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Helthee, and may not be copied, imitated or used, in whole or in part, without prior written permission from Helthee.
- Although it is Helthee's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Helthee reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Helthee, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Helthee encourages you to maintain your own backup of your Content. In other words, Helthee is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Helthee will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
- It is Helthee's policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Helthee does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Helthee is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- The quality of the Helthee trainer services is the sole responsibility of the Helthee trainer who provides such services to you. You therefore acknowledge and agree that by using the services of a Helthee trainer, you may be exposed to certain fitness and training services that are potentially dangerous, unsafe or otherwise objectionable. You further acknowledge and agree that you use Helthee and the Helthee trainers at your own risk.
- You acknowledge and agree that your reliance on any information provided to you by Helthee or any Helthee trainer is solely at your own risk and you assume full responsibility for all risk associated therewith, to the extent of any applicable law.
- Helthee may provide information about Helthee trainers, however Helthee does not provide the services rendered by any Helthee trainer.
- While Helthee requests some background information about its trainers, it does not and cannot guarantee the accuracy or completeness of such information or that any particular Helthee trainer is adequately qualified to perform the Helthee services. You understand that Helthee may not conduct criminal background checks or screenings on Helthee trainers. Helthee may also not inquire about the backgrounds of any user or Helthee trainer and makes no representations or warranties as to the conduct of its users or any Helthee trainer. Helthee reserves the right to conduct any criminal background or other screening check (including without limitation registered sex offender searches) at any time in any manner.
- Helthee trainers are not obligated to accept a user’s booking request if such trainer chooses not to. If a Helthee trainer does accept a user’s booking request and fails to show up to or cancels the appointment, the user will be refunded their payment to such trainer and credited an additional twenty dollars ($20.00) to the user’s account to be used towards future bookings.
- You understand that your use of the Services may result in charges to you for the services if you book a trainer (“Charges”). You agree to pay Helthee for the total fees for any training session requested if such session occurs or if the Helthee trainer is booked and appears on time for such session.
- In order to book a training session, you agree that Helthee reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the booking fees, or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1) to verify your card.
- You will be charged the booking fee when a Helthee trainer accepts your booking request. If you schedule a training session on-demand (one hour or less before the session), you have ten (10) minutes from the trainer’s acceptance of your booking request to either cancel or reschedule an on-demand booking request to receive a refund of your payment and avoid incurring a penalty fee for cancellation. If you cancel or reschedule your training session after ten (10) minutes from the trainer’s acceptance of your booking request, you will be charged the full amount of the training session. If you schedule a training session more than one hour in advance from the start of the session, you have up to one hour from the time you booked the session to cancel or reschedule such session without incurring a penalty fee.
- Charges paid by you are final and non-refundable, unless otherwise determined by Helthee. All charges are due immediately and payment will be facilitated by Helthee using the preferred payment method designated in your account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Helthee may use a secondary payment method in your account, if available.
- Helthee uses Stripe, a third party service provider, to process payments. By using the Service, you consent to the Stripe terms and conditions which can be accessed using the following link: https://stripe.com/us/legal.
Disclaimer of Warranties:
THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE HELTHEE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER HELTHEE NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "HELTHEE PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE HELTHEE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO HELTHEE OR VIA THE SERVICE. IN ADDITION, THE HELTHEE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE HELTHEE PARTIES DO NOT ENDORSE CONTENT OR ANY ACTIVITY OF HELTHEE TRAINERS OR USERS AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY (I) CONTENT; (II) THE ACTIVITIES OR OMISSIONS OF A USER RECEIVING FITNESS SERVICES FROM A HELTHEE TRAINER; (III) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR THE SERVICES PROVIDED BY HELTHEE.; OR (IV) REPRESENTATIONS OR WARRANTIES AS TO THE INFORMATION PROVIDED ABOUT HELTHEE TRAINERS AND THE ACTS OR OMISSIONS OF HELTHEE TRAINERS.
THE HELTHEE PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE, INCLUDING WITHOUT LIMITATION ANY SERVICES OFFERED BY HELTHEE TRAINERS, THIRD PARTY PAYMENT SERVICES, OR ANY OTHER SERVICES ADVERTISED OR OFFERED ON OR THROUGH THE HELTHEE SITE OR ANY LINKED THIRD PARTY SITE.
Limitation of Liability; Waiver:
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH HELTHEE TRAINERS AND OTHER USERS. UNDER NO CIRCUMSTANCES WILL THE HELTHEE PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES), WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE AND ANY USE OF HELTHEE SERVICES BY USERS INCLUDING BUT NOT LIMITED TO TRAINING SERVICES; (B) THE HELTHEE CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE HELTHEE PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE HELTHEE PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE); OR (J) A HELTHEE TRAINER’S ACTS OR OMISSIONS AT A USER’S RESIDENCE OR OTHER LOCATION WHETHER RELATED TO THE HELTHEE TRAINER’S PROVISION OF FITNESS SERVICES TO A USER OR OTHERWISE. IN NO EVENT WILL THE HELTHEE PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE HELTHEE PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF HELTHEE'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE HELTHEE PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE HELTHEE PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE ANY APPLICABLE LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
HELTHEE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Helthee.
Governing Law & Venue
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Helthee to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Helthee provides.