PROLIFICC

TERMS OF USE

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.

It is important that you carefully read and understand this Terms of Use (or “Terms”). A Terms of Use is a legal and binding agreement between you and Prolificc. By clicking the “accept” button after being presented with this Terms of Use and/or using services and resources available or enabled via our Site, you expressly acknowledge that you have read this Terms of Use and agree to all of its provisions. This Terms of Use sets forth your rights and obligations with respect to your access and use of the Site and the features, products and services provided by Prolificc through the Site, and any communications, information, and/or data of any kind provided through the Site, but excluding any software, products or services provided by Prolificc under a separate written agreement (individually and collectively, the “Service”, together with the Site the “Platform)

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.

IF YOU DO NOT AGREE TO THIS TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE PLATFORM AND YOU MUST PROMPTLY CEASE USING IT.

  1. 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”.
  1. 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.

  1. License Grant and Restrictions.
    • License Grant. Subject to the terms and conditions of this Terms of Use, Prolificc hereby grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Platform (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a mobile or other device that you own or control. These Terms do not permit you to install or access the Platform on a mobile or other device that you do not own or control and you may not distribute or make all or any portion of the Platform available over a network where it could be used by multiple devices at the same time.
    • Use Restrictions. You may not access or use the Platform in any way that is not expressly permitted by this Terms of Use. You may not: (a) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Platform; (b) sell, assign, rent, lease, or grant rights in the Platform, including, without limitation, through sublicense, to any other person or entity; or (c) use the Platform for any unlawful, prohibited, abnormal or unusual activity as determined by Prolificc in its sole discretion.
    • Investigations. We may, but are not obligated to, monitor or review our Platform at any time. If we become aware of any possible violations by you of this Terms of Use, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Platform pursuant to Section 4 below.
    • Violation of this Terms of Use. You acknowledge and agree that you are solely responsible, and Prolificc has no responsibility or liability to you or any other person or entity for, any breach by you of this Terms of Use or for the consequences of any such breach.
    • Termination by Prolificc. Prolificc may, at its option, terminate your access to and use of the Platform immediately if it determines you are in breach of or otherwise acting inconsistently with this Terms of Use.
    • 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.
  1. Communications with Prolificc.

We may use email or text messaging to communicate with you. Additionally, we may contact you via the Platform. For contractual purposes, you (1) consent to receive communications from us in an electronic form via the phone number you provide and/or the email address you have submitted; and (2) agree that all of the Terms of Use, agreements, notices, policies, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper.  This section does not affect your non-waivable rights.

  1. 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.
  1. 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.
    • Social Networks. The Platform includes features that operate in conjunction with certain third-party social networking websites, such as Facebook, Instagram, Twitter and LinkedIn (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking websites and the services provided through these websites is governed by the terms of service and other agreements posted on these websites. You understand and acknowledge that the Platform is not endorsed or certified by any of the aforementioned social networking websites. In addition, you agree that any content posted through the Social Network Features complies with the respective social network’s terms of use.
  1. Privacy Policy.

By accepting this Terms of Use or using the Platform, you represent that you have read and consent to our Privacy Policy in addition to this Terms of Use. If at any point you do not agree to any portion of the Privacy Policy, you must immediately stop using the Platform. By using the Platform, you agree to the then-current versions of this Terms of Use and Privacy Policy, which will be posted on the Platform.

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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.

  1. User Age.

This Platform is not intended for use by people under 13 years of age. We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. Personal registration information submitted by a person under the age of 13 will not be accepted. Any general information provided by a person under the age of 13 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Terms of Use. 

  1. 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.

  1. 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.

  1. 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.

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You agree to defend, indemnify and hold Prolificc and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Platform; or (b) your breach of this Terms of Use.

  1. Governing Law; Jurisdiction.

This Terms of Use is governed by California law, without regard to conflict of laws principles. You and Prolificc agree that the state and federal courts located in the County of Los Angeles, California will have exclusive jurisdiction of all disputes arising out of or related to this Terms of Use or your access to or use of the Platform and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Prolificc shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.

    • Assignment. The rights granted to you under this Terms of Use may not be assigned without Prolificc’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
    • Severability. If any part of this Terms of Use is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms of Use shall be given full force and effect.
    • Attorneys’ Fees. The prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in any legal action relating to this Terms of Use.
    • No Waiver. Our failure to enforce any provision of this Terms of Use shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Prolificc of any provision, condition or requirement of this Terms of Use shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
    • Equitable Remedies. You acknowledge and agree that Prolificc would be irreparably damaged if the terms of this Terms of Use were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of this Terms of Use, in addition to such other remedies as we may otherwise have available to us under applicable laws.
    • Entire Agreement. This Terms of Use, including the documents referenced in this Terms of Use, constitutes the entire agreement between you and Prolificc with respect to the Platform and supersedes any and all prior agreements between you and Prolificc relating to the Platform.
  1. Contact Us.

If you have any questions or comments relating to the Platform or this Terms of Use, you can send an email to at support@prolificc.com.

  1. Changes to These Terms.

We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. We will notify our users of material changes to this Terms of Use. We want you to be informed of important changes to our terms, but some changes are not that important — we don’t want to bother you every time we fix a typo.  So, while we may modify this agreement at any time, we will notify users of any changes that affect your rights. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part of it) with or without notice.

  1. When were these Terms last updated?

January 15, 2020