Terms of Use

 

Thank you for joining Fabulous (“We”, “Us”, “Company”). These Terms of Use, together with the Privacy Policy, and any other documents they expressly incorporate, set forth the terms and conditions upon which you may access and use the health coaching services, mobile application and Service provided or operated by Fabulous (“Service”) including any content and functionality offered through the Service. (“Terms of Use” or “Agreement”)

 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SERVICE. BY USING THE SERVICE, YOU REPRESENT YOU ARE AT LEAST 13 YEARS OF AGE. FURTHER, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU ARE NOT 13 YEARS OLD OR DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SERVICE. WE RESERVE THE RIGHT TO CHANGE, ADD OR REMOVE PORTIONS OF THESE TERMS OF USE AND ANY DOCUMENTS INCORPORATED HEREIN AT ANY TIME AND AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE POSTING OF ANY CHANGES MEANS THAT YOU ACCEPT AND AGREE TO SUCH CHANGES. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS OF USE PERIODICALLY FOR CHANGES.

Use of the Service.

 

General . Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Fabulous grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, and any documentation made available to you by Fabulous solely for purposes of your personal use of the Services.  The Service is enabled by technology, software and certain content delivered electronically. You agree that you will not reverse-engineer, decompile, disassemble, translate, or otherwise attempt to obtain access to the source code of, any aspect of the Services, including any and all technology, software and content. You will not copy, reproduce, alter, create derivative works from, or otherwise modify the Services, including any and all technology, software and content. You will not lease, loan, sublicense, distribute, or otherwise provide others access to or with any aspect of the Services. Other than as expressly set forth in this Agreement, no license or other rights in or to the Services are granted to you, and all such licenses and rights are hereby expressly reserved.

 

The Service has been designed by Fabulous with the purpose of assisting people achieve their health goals through healthy lifestyle choices and behavior. We encourage you to consult with your healthcare provider before commencing the Services. You represent that you are in good enough health to begin these Services, which may include changes to your diet or level of physical activity, among other things. If you have been diagnosed with a chronic disease or other health condition, you represent that you have obtained the express approval from a health care professional to receive the Services before beginning. The Service requires your active engagement and participation. You understand that, despite your efforts, individual users results will vary for a variety of reasons and Fabulous cannot guarantee that you will achieve your health goals.

 

IT IS IMPORTANT TO UNDERSTAND THAT THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY THE COMPANY. FABULOUS IS NOT A LICENSED MEDICAL CARE PROVIDER. YOU SHOULD NOT CHANGE YOUR TREATMENT OR CARE PLAN, MEDICATION OR THERAPY BASED ON INFORMATION YOU RECEIVED THROUGH THE SERVICES. SUGGESTIONS FOR NEW HABITS ARE SUPPLEMENTAL TO ANY TREATMENT OR CARE PROVIDED BY YOUR HEALTH CARE PROVIDER AND SHOULD NOT REPLACE REGULAR MEDICAL VISITS WITH YOUR HEALTH CARE PROVIDER. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PRACTITIONER REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. INFORMATION PROVIDED BY OUR HEALTH COACHES IS OFFERED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A RECOMMENDATION OR ENDORSEMENT OF ANY DRUG, DEVICE OR TREATMENT OR REPRESENTATION THAT A PARTICULAR DRUG, DEVICE OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. QUESTIONS REGARDING ANY DRUG, DEVICE OR TREATMENT SHOULD BE DIRECTED TO YOUR HEALTHCARE PROVIDER. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS.

 

Registration. You are required to register for the Service and provide certain information about yourself. All information we collect about you in connection with the Services is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, including being contacted via email.

 

You will receive a user account for our personal use that requires an e-mail and password. You are responsible for all activities that occur under your user account. You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data you provide; (ii) maintain the confidentiality of your password and user account information; (iii) use commercially reasonable efforts to prevent unauthorized access to, or use of, the Service, and notify the Company promptly of any such unauthorized use; and (iv) comply with all applicable local, state, and federal laws in using the Service.

 

Term and Termination

The term of this Agreement will begin upon your successful registration for the Service and will continue indefinitely unless terminated by either party as permitted herein.

The Company may suspend or terminate your access to the Service if you (a) breach any term of this Agreement, or (b) engage in any conduct that the Company determines in its discretion may have an adverse effect on the Company or its reputation. Upon termination, you will no longer have access to the Service, mobile application or content provided through the Services. In addition to termination, Company reserves the right to pursue any and all remedies available to it.

 

Registration.

You will provide our Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. You shall not use a false nature, e-mail address or phone number or otherwise enter information with the intent to impersonate another person.

 

Intellectual Property Ownership. Except for the limited license and use rights expressly granted to you under this Terms of Use during the Term, all title to and the rights in the Services, including any and all technology, software and content, including ownership rights to patents (registrations, renewals, and pending applications), copyrights, trademarks, trade secrets, the Company’s or third party hardware, other technology, any derivatives of and all goodwill associated with the foregoing is the exclusive property of the Company and/or third parties.

 

Confidentiality. We will use and protect your personal information pursuant to the Privacy Policy. You agree not to reveal or disclose any confidential information of the Company, which includes information, materials and content provided in connection with the Service) for any purpose with the Company’s consent.

 

Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any other communication or material that you send to us through the Service, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we will have no obligation of any kind with respect to such information. We will be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

 

Content . The information presented on or through the Service 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. This Service may provide information about health and wellness and certain health conditions. However, nothing on this Service should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any clinical decision or action. Patients should not use the information contained on the Service for diagnosing a health problem or disease. Medical advice should always be sought from a qualified medical practitioner. We disclaim all liability and responsibility arising from any reliance placed on such materials by you.

 

Service Access and Changes . We reserve the right to withdraw or amend this Service or materials we provide in connection with the Service, in our sole discretion. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service to users. We also may update the content on this Service from time to time, and we make reasonable efforts to maintain current information. However, we cannot guarantee that the content is complete or up-to-date.

 

Trademarks . Trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the trademarks mentioned above and any use of such trademarks. You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content contained on the Service is owned by the Company or third parties and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Service, in whole or in part, is strictly prohibited. Except as expressly provided in these Terms of Use, no part of the Service and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Service or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

 

Third Party Links and Technology . Any and all third party technology or Services provided, made available, linked to, or otherwise accessible through the Service (“ Third Party Technology”) is provided solely as a convenience to you and not under our control. The Company does not endorse, recommend, or otherwise make any representations or warranties with respect to any Third Party Technology. The Company does not have any responsibility or liability to you for any Third Party Technology which you access and you use it at your own risk. Further, you agree to comply with any and all terms and conditions applicable to the use of Third Party Technology and otherwise ensure that you have obtained all rights, licenses, and clearances that may be necessary to use such Third Party Technology. We encourage you to review the terms of use and privacy policies applicable to such Third Party Technology.

 

Intended for Users Over 13 . The Service is not for use by individual under the age of 13. We will not knowingly collect information or provide Services to anyone under the age of 13.

 

Indemnity . You agree to defend, indemnify, and hold the Company, its officers, directors, partners, employees, contractors, agents, licensors, and suppliers, 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 use of the Service.

 

DISCLAIMER . FABULOUS IS NOT A MEDICAL ORGANIZATION. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION OR MANAGE A CHRONIC DISEASE OR CONDITION. By using the Service, you expressly agree that use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. NEITHER The Company nor its officers, directors, managers, members, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Affiliates”) warrant that use of the Service will be uninterrupted or error-free. Neither The Company nor its Affiliates warrant the accuracy, integrity or completeness of the content provided on the Service or the products or services offered for sale on the Service. Further, The Company makes no representation that content provided on the Service is applicable to, or appropriate for use in, locations outside of France. The Company and its Affiliates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Company or its Affiliates will create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

 

Limitation of Liability . Except where prohibited by law, in no event will THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. If, notwithstanding the other provisions of these Terms of Use, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service, THE COMPANY’S AND ITS AFFILIATE’S liability will in no event exceed the amount of fees paid during the preceding 12 month period. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

 

Governing Law . You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the France without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Durham, North Carolina, and waive any objection to such jurisdiction or venue.

WAIVER OF TRIAL BY JURY . EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE.

 

No Waiver . The failure of the Company to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by The Company of any provision or any right it has to enforce these Terms of Use, nor will any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

 

Severability . The provisions of these Terms of Use are severable. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect.

 

 

Effective: September 09, 2015

 

Privacy Policy

Fabulous and its related companies (“We”, “Us”, “Company”) take your privacy seriously, and we want you to know how we collect, use, share, and protect your information. This Privacy Policy tells you what information we collect from visitors of websites and mobile applications and services owned and controlled by the Company (“App) and users of our Services, how we use that information, how we may share that information, how we protect your information, and your choices regarding your personal information.

 

Information We Collect from You .

 

“Personal information” is information through which you can be personally identified, including any photographs you may upload. Personal Information that we collect may include your full name, credit card and/or other payment information (if applicable), your email address, phone number, certain health information, or any other information or data that you provide when using our App or Services. We collect personal information you choose to provide to us, including through registrations, applications, surveys, chat sessions or other inquiries. We do not collect information that would identify you unless you choose to provide it to us. You can choose not to provide us with certain information, but please be aware that may impact the Services provided to you.

 

“General information” is information we obtain automatically from your connection, interaction with this App and the use of Cookies and other technologies. General information does not identify you personally. For instance, we do not identify your name from your Internet browser address, but we use it to compile statistics about visitors to our App and preferences of our visitors. General information we collect when you visit our App may include but is not limited to the domain and host from which you access the Internet, the Internet protocol address of the computer you are using (“IP Address”), the browser software you are using, the operating system you are using, the date and time that you access our App, the specific pages you visit at our App, the number of visits you make to our App, the number of visits to specific pages you make at our App and products or services viewed at our App.

 

“Cookies” are small pieces of information which a App stores on your computer and can later retrieve. Cookies cannot be read by a App other than the one that sets the cookie. We use cookies to enhance the use of our App.

 

What We Do with Your Information .

Fabulous respects your privacy and will not sell your personal information to third parties. We may use your personal information to provide Services to you, respond to your inquiries, provide information on products and services you request or have a representative contact you regarding our products or services. Unless you have otherwise opted out of receiving email communication from us, you agree by using the App or Services, to allow us to use your email for communication and provision of Services consistent with this Privacy Policy.

We may also use your personal information to update you on special offers related to our products or services, improve our products and services, provide product announcements or information regarding health topics, deliver other information we believe you will find most relevant, and useful and in any other way we may describe when you provide the information or to which you consent. We may occasionally contact you to gather customer service information to help us determine how we can improve our services and products to better meet your needs. We may also de-identify and/or aggregate your data for various business purposes including product, service and program development and improvement. De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Fabulous or with research partners and other third parties for the advancement of clinical and scientific knowledge.

 

This policy does not apply to personal information we collect from other sources. That information is governed by the agreement between us and the source of the data. We may combine or cross-reference your personal information with general information or other information we may have acquired about you or may acquire about you through other sources, including offline sources of information to help further customize the information, products or services we provide to you.

 

We use the general information we collect from you to help us understand and analyze users of our App, including generating aggregate statistics about App use. This data can then be used to tailor this App’s content, deliver a better experience for our users. We may also collect, aggregate and maintain anonymous information about the visitors to our App. We may further share such aggregate, non-identifiable information with business partners, sponsors and other third parties.

 

How We Keep Your Information Secure . We seek to safeguard the security of your personal information and have implemented reasonable security measures consistent with accepted practices in the healthcare industry to protect the confidentiality of your personal information and limit access to it. We have put in place a variety of information security measures to protect your personal information, including encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport and at rest. However, despite our efforts to protect your personal information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your personal information over the Internet will be intercepted. Unfortunately, we cannot guarantee the absolute security of your personal information, nor can we guarantee that information that you provide will not be intercepted while being transmitted to us over the Internet. Therefore, we urge you to also take every precaution to protect your personal information when you are on the Internet or using the App.

 

How to Opt Out . To opt out, please do not provide your personal information to us, or after providing your personal information to us, please send written notification to us that you no longer wish to receive information and communications from us or otherwise share your personal information. With respect to the collection and use of general information, you have the ability to disable or manage the use of cookies on your computer using controls in your browser. However, you are not able to opt out of the uses of general information otherwise collected as set forth in this policy. Please note that certain features of the App may not be available when cookies are disabled. To learn more about how to manage cookies, visit http://www.allaboutcookies.org.

 

Children’s Privacy. We are committed to protecting the privacy of children. This App is not designed or intended for children and we do not intentionally collect information about children under 13 years old. If a parent or guardian becomes aware that a child under 13 years old has provided personal information to us without their consent, please contact us at information listed under the Contact US section below.

 

Third Party Websites . Please be aware that our website or App may have links to third-party websites that may collect personal information about you. When you click on one of these third-party links, you are entering another website for which we have no responsibility. This Privacy Policy does not cover the information practices or policies of such third-party websites. We encourage you to read the privacy policies of all such websites since their privacy policies may be materially different than our Privacy Policy.

In addition, we may rely on third-party advertisers, ad networks and ad servers to promote our App. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users' behavior on this and other Apps to serve them interested-based (behavioral) advertising. No information you share within our App or shared through Apple’s Health App will be shared with third-party advertisers. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

 

Changes . We reserve the right to modify the terms of this Privacy Policy at any time and in our sole discretion, without notice. When the Privacy Policy is changed, modified, and/or amended, the revised Privacy Policy will be posted on our App. Modifications will be effective immediately. You should visit this web page periodically to review the Privacy Policy. You accept any such modifications to this Privacy Policy by continued use of our App after such modifications are made.

 

Contact Us. If you would like to update your personal information, delete your account, change your preferences or have any questions or concerns about your privacy, you may contact us at [email protected] Please note that some information may remain in our records after deletion of your account, including any information or records we are legally obligated to retain.