Effective Date: May 25, 2018
ProCoach Nutrition | GN Media Group’s (“GN Media Group”) Acceptable Use Policy (“AUP”) for products and services is designed to help protect ProCoach Nutrition | GN Media Group, it’s customers, and the Internet community in general from fraud, abuse of resources, and irresponsible or illegal activities.
ProCoach Nutrition | GN Media Group, (“GN Media Group”, “the company”, or “we”, “us”, “our”) delivers online health and fitness services and other related programs, products and services including the ProCoach Nutrition Program (the “Program” or “Services”) through the company website (the “Site”) to individuals who use our Site and/or register or purchase our Services (the “Clients” or “You”).
ACCEPTANCE OF TERMS THROUGH USE - PLEASE READ THE FOLLOWING CAREFULLY BEFORE YOU USE OUR SERVICES.
Who Can Use Our Services
Our Site and Services are not intended for use by individuals under the age of 18 (a “Minor”) unless a Minor has obtained prior consent to use our Site or Services. Use of our Site or Services by a Minor without such consent is strictly prohibited. The company specifically disclaims any and all responsibility or obligation to monitor or verify the age or legal status of any Client. The company will have no liability resulting from any use of our Site or Services by any Minor.
As nutrition coaches certified by Precision Nutrition. The company offers four categories of nutritional information products and services:
- Women's ProCoach Nutrition - Nutrition Coaching For Women; utilising the ProCoach Online Platform designed, hosted and maintained by Precision Nutrition.
- Men's ProCoach Nutrition - Nutrition Coaching For Men; utilising the ProCoach Online Coaching Platform designed, hosted and maintained by Precision Nutrition.
- When you register for one of the company programs, you will receive access to Precision Nutrition’s Online Coaching Platform a structured year-long nutrition program, a training program, and be able to connect with one of our expert coaches at the company (a “Coach”) to help make adjustments to your program and keep you on track. Your expert ProCoach will adjust your program experience based on the information that you provide to us.The company aims to connect you with a Coach who is best suited based on the information about your health goals and other information that you provide us when you register for our Services. If you would like to change your Coach, please contact us at [email protected] The company reserves the right to change your Coach at any time, in our sole discretion.
- The company also offers PN Nutrition Guides for sale that are resources for nutrition and lifestyle information developed by the Precision Nutrition team through research in the field of exercise and nutrition sciences. The Nutrition Guide is an 11-part module intended to provide nutritional information to help individuals embark on a self-guided nutrition program based on the Precision’s Nutrition System.
- The Gourmet Nutrition book is a cookbook including recipes, cooking instructions, and nutritional information for meal preparation that support the Precision Nutrition System.
You agree to pay, and authorize The company's third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products (such as the PN Guides). All fees are in GBP (British Pounds) or US Dollars and are non-refundable except as required by law.
All prices, discounts and promotions posted on this Site are subject to change without notice. The price charged for a product or Service will be the price advertised on this Site at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices are inclusive of all applicable taxes. The company is not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due. The company is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.
The company may offer an option to pay for a Program over twelve consecutive months and/or offer an introductory period during which no payments are due.
If you select this twelve month payment plan and/or an introductory “no payment” period applies to your order, you are nevertheless obligated to make all payments for the purchase of the applicable Program as and when due, even if you have completed the Program prior to the end of the twelve month payment period or during any introductory “no payment” period.
Wherever possible, we collect personal information directly from you. Where applicable, we may also obtain information about you from other sources. That is, if you register for our Coaching Program via a third-party social media network, you authorize The company to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your ProCoach Coaching Program user profile. Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers.
Our Money Back Guarantee and Refunds
For Clients of our ProCoach Nutrition Program, we at The company want you to get as much out of our program as possible.
To ensure your satisfaction and peace of mind we offer a “30-Day Money-Back Guarantee” on our products/services. If you are not 100% satisfied just ask for a refund during the first 30 days and we will promptly issue you a, no questions asked, refund.
In cases where you have opted for an upgraded membership to our Elite Coaching Experience and where we have specifically offered you a guarantee of results from your participation in the online PN Coaching Program, the coaching methods and the expert support from our coaches at ProCoach Nutrition we will provide you with a full refund after your completion of the program if you finish out the full year of coaching and complete at least 75% of the program (daily lessons, habits, and workouts) and have made no improvements.
For Clients of our Program who have purchased any of the PN Guides, if you are not satisfied with the materials we provide you, you have up to 45 days from the date of registering for our Services to return any textbook(s) you receive and get your money back. You are required to pay for return shipping.
If you wish to receive a full refund for these Services or have any questions about our money back guarantee, please contact us at [email protected].
Content Rights and Ownership
All content provided or otherwise made available by The company through the Services and the Site, including but not limited to text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from the Services, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to The company and is protected by intellectual property rights and unfair competition laws within and outside of England.
Content also includes any Content that you provide or make available through our Services and Site (“Client Content”).
Trademarks and Trade Names
All trademarks, service marks, trade names, logos and graphics (“Marks”) used in our Services or on the Site are registered or common law trademarks of The company or licensed to The company. You may not make any use of any Marks without the prior written consent of The company and in relevant cases Precision Nutrition.
We at The company would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us at [email protected]. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
General Prohibitions and Acceptable Usage
To foster a positive and welcoming community for our Services and on the Site, The company has established the following rules of use. You agree you will not:
- Permit any other person (other than an agent acting solely on your behalf and subject to your direct supervision) to access the Services or the Site using your account for any purpose;
- Attempt to access another person's account, including, without limitation, attempts to use another person's credentials to create an account for our Services or the Site, unless you are acting solely on behalf on another person pursuant to a written agency agreement detailing this permission;
- Create multiple accounts under different names or emails, or re-register an account that was previously terminated by The company;
- Post, upload, publish, submit or transmit any Content through our Services or the Site that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- Post, upload, publish, submit, transmit, or communicate, in any manner or forum, content directly to and/or about The company employees that: (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm; (iii) is violent or threatening or promotes violence or actions that are threatening or perceived to be threatening.
- Use, display, mirror or frame the Services, or any individual element within the Services, The company's name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page on our Site or in the Services, without The company's express written consent;
- Access, tamper with, or use non-public areas of the Services and the Site, The company's computer systems, or the technical delivery systems of The company's providers;
- Attempt to probe, scan, or test the vulnerability of any The company system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The company or any of The company's providers or any other third party (including another Client) to protect the Services, Site, or Content;
- Interfere with, or attempt to interfere with, the access of any Client, host or network, including, without limitation, intentionally posting or transmitting to or through the Services or the Site any file that contains a virus, bug, worm, Trojan horse, disabling device or any other contaminating or destructive feature;
- Attempt to access or search the Services, Site or Content or download Content from the Services or Site through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by The company or other generally available third party web browsers;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation through our Services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services, Site, or Content to send altered, deceptive or false source-identifying information;
- Use any meta tags or other hidden text or metadata utilizing a The company trademark, logo URL or product name without The company's express written consent;
- Collect or store any personally identifiable information from the Services or the Site from other Clients without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
The sender of any communication in or through our Services or the Site shall be solely responsible for the content and information contained therein, including, without limitation, its truthfulness, accuracy and completeness. Although The company reserves the rights to monitor, record, edit or remove any content within our Services or the Site, The company has no obligation or responsibility to do so. In addition, The company shall not be liable or responsible to any Client, Coach or any other person or entity for the performance or non-performance of the monitoring, recording, editing or removal activities mentioned above.
No Professional or Medical Advice; No Doctor-Patient Relationship
OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). The company provides the services for informational purposes only. Based on information that you request and/or provide to us, The company provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While The company believes that the information provided through our Services and the Site is current and reliable, The company cannot and does not make any such guarantee or warranty.
YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE. Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.
Furthermore, The company shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. The company shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and The company disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by The company's gross negligence or wilful misconduct.
Responsibility of Results and Progress
The Company may share the successful results of its users or customers on the Site and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind.
- By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.
- Every testimonial on our website is from The Company's members and or Precision Nutrition who followed our programmes, workouts, fitness classes, and nutrition/diet advice given by The Company, ProCoach, Precision Nutrition, personal coaches, group-fitness coaches and online coaches.
- No one was paid for a testimonial or endorsement on our website.
- Any before and after photographs of members were not retouched or altered in any way. Results (weight loss, body fat percentage, fitness improvement, circumference measurements, etc if any) were provided by the individual member and therefore cannot be confirmed. Errors could have been made in reported weight loss.
- Weight loss and fitness results vary depending on the person. No guarantee is provided or implied.
- Results may vary based on each member’s physical health, diet and exercise, and consistent adherence to the The Company's and Precision Nutrition System. The weight loss results described in The Company's and Precision Nutrition's member’s testimonials, photos or videos are not typical for every individual, and again, no guarantee of weight loss, fat loss, or fitness improvement results is provided or implied.
- Individual results highly depend on the adherence the nutrition plans as well as following the fitness and weight loss programmes designed for them by The Company and The Company's Coaches.
- The causes of being overweight or obese vary from person to person based on individual metabolic rates, caloric intake caloric expenditure, daily activity, levels of exercise and physical exertion.
- This means weight loss results will also vary from person to person. No individual result as stated by members of The Company in their testimonials should be seen as typical.
- You should assume that any weight loss, fitness or medical results shown in testimonials, advertisements, stories, blog posts, or anywhere else on our website are not typical. Typical weight loss is 2 to 3 kgs per month when an individual consistently follows a sound nutrition and exercise programme designed around best practice guidelines. The Company recommends a healthy lifestyle programme and a long term approach to body fat reduction, strength gain, and fitness improvement. Any dramatic body changes will need dietary discipline, regular exercise, and hard physical work.
- The Company does not provide medical advice.
- All information contained within this site is for informational purposes only. It is not intended to diagnose, treat, cure, or prevent any health problem, nor is it intended to replace the advice of a qualified medical doctor, nutritionist, dietician, or qualified physiotherapist. Always consult your doctor, qualified health professional, or physiotherapist on any matters regarding your health or on any opinions expressed within this website before starting any fitness or weight loss programme.
- Always seek the advice of your doctor or other qualified health care professional with any questions you may have regarding a medical condition or treatment and before undertaking a new fitness, body-toning, strength training or fitness regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on our website.
Assumption of Risk and Disclaimer
FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.
THE COMPANY HEARBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ANY SERVICES PROVIDED BY OUR THE COMPANY CLIENTS.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE, THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF THE COMPANY OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.
IN ADDITION, THE COMPANY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO THE COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO THE COMPANY FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
The company will enforce this AUP according to the severity of the offense and violator's history of prior AUP infringements. Severe and/or repeated offenses will result in immediate termination of service. The company is not liable for damages of any nature suffered by any customer, end-user, or any third party resulting in whole or in part from the company exercising its rights under this AUP. The company has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the the company network but, where possible and necessary, may do so at its discretion. Therefore, the company does not assume liability for others' violations of the AUP or failures to terminate those violations. The company reserves the right to assess time and materials charges to resolve customer issues that are not resolved by the customer in a timely manner.
Jurisdiction, Venue, Statue or Limitations
This AUP shall be governed by the laws of the State of the governing city, without reference to it’s conflicts of law principles. You agree that any action at law or in equity arising out of our relating to this website, AUP, or the services of the company shall be filed exclusively in the state/county of High Courts courts located in the county the company is registered in, and you hereby consent and submit to the personal jurisdiction of such courts.
You agree that regardless of any law or statue to the contrary, any claim or cause of action arising out of or relating to this Web Site, this AUP, or the Services of the company must be filed within one (1) year of the date of the action arose or be deemed waiver and forever barred as untimely.
You may cancel your account at any time by emailing us at [email protected]. In the event that you cancel your account, The company shall not be required to provide you with a refund or other compensation.
Dispute Resolution and Governing Law
Regardless of any statute or law to the contrary, any claim or cause of action against The company arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have a dispute with one or more of our other Clients, you release The company from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Links to Third Party Websites
Our Services may contain links to third-party websites, social media platforms or other resources, but these links and sites do not form part of our Services. We provide these links only as a convenience to you and are not responsible for the content, products or services available from those websites or resources or links displayed on such sires. The company does not endorse or control any information accessed on or from any third-party website and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources. Please make sure to review the applicable agreements and policies when visiting any third-party websites, including different policies with respect to the use, collection and disclosure of your Personal Information.
Internet Service Provider Charges and Other Charges
You are responsible for all mobile, cable or other internet service provider charges incurred by you for connecting to the Services or the Site, and The company assumes no responsibility or liability for any such charges, including, but not limited to, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Services or the Site. Any dispute or problem regarding telephone or internet provider services are strictly between you and your service provider. You may receive text messages in connection with your use of our Services or the Site. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for text you receive and The company assumes no responsibility or liability for any such charges.
Our Communication with You
If you have any questions about these Terms of Service, our Services, or our Site please contact The company at [email protected], or mail us at:
57b Chapel Road
Worthing, West Sussex
BN11 1HW, UK
Last Updated: May 25, 2018
Outside The U.K.
THE COMPANY MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED KINGDOM. IF YOU USE THIS WEB SITE FROM LOCATIONS OUTSIDE THE UNITED KINGDOM YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.