Thank you for visiting PROLIFICC, owned and operated by Prolificc Inc. (“Prolificc”). You can find us at www.prolificc.com (the “Site”). Prolificc’s platform allows people to learn how to optimize their health and wellness by following health, fitness and nutrition advice from world class athletes and their team of experts.
THIS PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. THE HEALTH AND NUTRITIONAL INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, CONTAINED ON THE PLATFORM, IS FOR INFORMATIONAL PURPOSES ONLY. Meal recommendations within the Platform have not been evaluated or approved by the Food and Drug Administration. This Platform is not intended to diagnose, treat, cure, or prevent any disease. Content made available through the Platform should not be considered a substitute for professional medical expertise or treatment. You assume full responsibility for consulting a qualified health professional regarding health conditions or concerns, and before starting a new diet or health program. Prolificc is not responsible for adverse reactions, effects, or consequences resulting from the use of any suggestions herein or procedures undertaken hereafter.
You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent such waiver is permitted under applicable law.
- Using the Platform.
1.1. Internet Access. When accessing the Platform on your mobile, laptop or desktop device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining continuous Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
- Your Device. Prolificc is not responsible for the operation of your Device. You are responsible for ensuring the system functions of your Device are in working order when accessing the Platform, including, but not limited to screen display operation features of your Device.
- Your Communications. You are responsible for all communications, verbal and non-verbal, that you submit in connection with your use of the Platform and the content of all information contained in such communications (“Submitted Content”). You are responsible for ensuring that (a) all Submitted Content is original and accurate, and (b) none of the Submitted Content is (i) a falsehood or misrepresentation; (ii) offensive, unlawful, obscene, defamatory, libelous, threatening, harassing, hateful or racially or ethnically offensive. You grant Prolificc a perpetual, irrevocable, non-terminable, transferrable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, record, store and reproduce the Submitted Content and to distribute the Submitted Content to its customers, the “Licensee”.
- Registration and Account
To access some features of the Platform, Prolificc may require that you purchase a membership to register and/or set up an account. In order to purchase a membership, you will be required to provide certain personal information such as your name, email address, phone number, and billing information. If any of your information changes, you should update it on the Profile Page on your account.
You may not pretend to be somebody else when registering and/or setting up an account through the Platform. You may not authorize others to use your account. You may not sub-license, transfer, sell or assign your account without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of these Terms.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.
- License Grant and Restrictions.
- No Liability for Termination. You agree that Prolificc shall not have any liability whatsoever for any damage, loss or expenses of any kind that you may suffer as a result of any termination of your access to our use of the Platform (including, without limitation, damage, loss or expenses), whether or not Prolificc is aware of any such damage, loss or expenses.
- Communications with Prolificc.
- Intellectual Property.
- Trademarks. The Prolificc name and logo are trademarks and service marks of Prolificc. You do not have the right to use any of Prolificc’ trademarks, service marks, or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
- Ownership. You acknowledge and agree that Prolificc, or its licensors, owns all right, title and interest in and to the Platform, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Platform is protected by U.S. and international copyright laws. Further, you acknowledge that the Platform may contain information that Prolificc has designated as confidential and you agree not to disclose such information without Prolificc prior written consent.
- Feedback. You agree that any submission of any ideas, suggestions, and/or proposals to Prolificc through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that Prolificc has no obligations (including without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant to Prolificc a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works, distribute and/or otherwise use such Feedback.
- Links to Third Party Sites.
- Prolificc may link to or be linked from other websites that are not maintained by, or related to, Prolificc. Prolificc does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Prolificc has not reviewed and does not endorse the content of all sites linked to from the Platform and is not responsible for the content or actions of any other sites linked to from the Platform. We do not promise that the contents of any linked website are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.
The Platform is operated by Prolificc in the United States. If you choose to access or use the Platform from a location outside of the United States, you do so on your own initiative, and you are responsible for compliance with applicable local laws.
- User Age.
- Health and Food Allergy Disclaimer.
11.1. THIS PLATFORM DOES NOT PROVIDE MEDICAL ADVICE. THE HEALTH AND NUTRITIONAL INFORMATION, INCLUDING BUT NOT LIMITED TO, TEXT, GRAPHICS, IMAGES AND OTHER MATERIAL, CONTAINED ON THE PLATFORM, IS FOR EDUCATIONAL PURPOSES ONLY. You should not rely on this information as a substitute or replacement for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, please consult with a physician or other medical health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on the Platform.
11.2. Research developments may impact the health and nutritional advice that appears on the Platform. No assurance can be given that the information contained on the Platform will always include the most recent developments.
11.3. RESULTS MAY VARY. Causes for being overweight or obese vary from person to person. Whether genetic or environmental, it should be noted that food intake, rates of metabolism and levels of exercise and physical exertion vary from person to person. This means weight loss results will also vary from person to person. Nothing in this agreement or our statements should be construed as a promise or guarantee that a user will achieve his or her desired goal.
11.4. Customers concerned with food allergies need to be aware of these risks and should confirm all food allergies and intolerances before preparing or consuming any items. Prolificc is not responsible for identifying ingredients that may cause allergic reactions for those with food allergies. IF YOU THINK YOU HAVING AN ADVERSE REACTION TO ANY FOOD ITEM, STOP IMMEDIATELY. TO THE EXTENT YOU BELIEVE YOU ARE HAVING A MEDICAL OR HEALTH EMERGENCY, CALL YOUR HEALTH CARE PROFESSIONAL, OR 911, IMMEDIATELY.
- Disclaimer of Warranties.
12.1. YOU UNDERSTAND AND AGREE THAT THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MAY NOT BE FUNCTIONAL ON CERTAIN DEVICES AND/OR IN CERTAIN COMPUTING ENVIRONMENTS AND PROLIFICC SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE PLATFORM OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE PLATFORM.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROLIFICC EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
- PROLIFICC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY INFORMATON MADE AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE PLATFORM.
- PROLIFICC DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE PLATFORM WILL BE CORRECTED OR (e) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
- Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROLIFICC AND ITS AFFILIATES, LICENSEES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE PLATFORM, EVEN IF PROLIFICC OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; OR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ORTHE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA GENERATED, COLLECTED, PROCESSED OR MAINTAINED BY OR THROUGH YOUR USE OF THE PLATFORM.
- WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF PROLIFICC OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Prolificc and the Related Parties shall be limited to the fullest extent permitted by law.
- Governing Law; Jurisdiction.
- Contact Us.
- Changes to These Terms.
- When were these Terms last updated?
January 15, 2020