Terms and conditions
Motivate assists clients in developing healthy lifestyle behaviors as part of their weight management efforts. Motivate is not a healthcare provider and its services are not healthcare services. No advice or service from Motivate should be construed as medical advice or diagnosis and the information Motivate provides should not be interpreted as a substitute for physician consultation, evaluation, or treatment.
You are advised to seek the advice of a physician before starting to use any of Motivate’s services or products, especially if you have medical conditions such as diabetes, hypertension, or any other medical condition or medication that would be affected by diet, exercise or weight loss.
Motivate does not warrant any outcome or guarantee performance.
Motivate reserves the right to discontinue or make changes or updates with respect to the Website or the content of the Website at any time without notice. Motivate reserves the right to restrict, refuse or terminate access of any person to the Website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
4. Disclaimers. ALL CONTENT ON THE WEBSITE IS PROVIDED “AS IS”. MotivateHEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE WEBSITE OR THE CONTENT. Motivate does not warrant or make any representation that: (i) the Website will meet your requirements; (ii) the Website will be uninterrupted, timely, secure, or error free; or (iii) the results that may be obtained from the use of the Website (including any information and materials on the Website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
Motivate shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Website or the services which make the Website available or electronic communications sent by Motivate are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
5. Limitation of Liability. IN NO EVENT SHALL Motivate BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE, THE CONTENT, EVEN IF Motivate HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY FROM THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF Motivate OR ITS AGENTS.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
6. Registration. In order to access certain areas of the Website and use certain functions or features of the Website you shall be required to register. When you register, you must choose a unique id and password in addition to completing other registration forms. You are solely responsible for maintaining the confidentiality of your user id and password. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your user id and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your user id and/or password, you agree to contact us immediately by e-mail.
Information We May Collect
When you register for or purchase our services or order products on the Website, we ask you to provide us with your Personal Data so that we can provide you with the products and services you requested. Examples of information we may ask for include your name, email address, telephone number, postal address, gender, age, height, weight and, where you have opted for certain services, your daily diet, physical activity, grocery shopping habits and other lifestyle choices.
Set forth below are the ways in which we may ask you to share your Personal Data with us. We also tell you how and for what purpose we use the Personal Data you submit.
When you register on the Website, we ask you for your name and email address. We use this information to provide you with and communicate with you about products and services. You can choose the method by which you prefer to be contacted. During the registration process, we also ask you for your age, gender, height, weight and for other personal information”. We need this information to provide personalized services to you. In addition, all of this information may be used by your service provide to provide you with the personalized service you requested.
In using our services, you will be asked to input information about your daily diet and physical activity and lifestyle. We use this information to provide you with and personalized services, such as providing personalized counseling services.
When ordering products, you will be asked to provide your postal address. We use this information to process your purchase and deliver the products to you.
We also may use your Personal Data for our internal purposes. These purposes include administration of the Website, data analytics, improving our products and services, and compliance with our legal obligations, policies and procedures.
Information We Collect by Automated Means
We collect certain information by automated means when you visit the Website, such as how many users visited our site and the pages accessed. By collecting this information, we learn how to best tailor the Website to our visitors. We collect this information through various means such as “cookies,” Google Analytics and IP addresses as explained below.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that, by not accepting cookies, you may not be able to take full advantage of all features on the Website.
We will not disclose Personal Data other than to provide services to our customers. We will only share your Personal Data with third parties, such as our service providers, in order to provide you with products and services. For example, we may use outside companies for handling your product orders, or providing you with the coaching services you requested. These service providers may be located around the world. Our service providers are not authorized by us to use or disclose your Personal Data except as necessary to perform services on our behalf, as specifically authorized by us or you, or to comply with legal requirements. We also require our service providers to adequately protect personal data they process on our behalf.
Once you have provided us with your Personal Data, you will have reasonable access to that information so you can update, modify or delete it. You may do this by logging into your account on the Website and accessing “My Information.” We encourage you to keep your personal settings complete and current. By accessing “My Information”, you also may change your preferences on how we communicate with you .
The Website may provide links to other websites for your convenience and information. These websites may operate independently from us. Linked sites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked sites. We are not responsible for the content of the linked websites, any use of the sites, or the privacy practices of those sites.
We maintain reasonable safeguards designed to protect Personal Data against loss, misuse or unauthorized access. We use a variety of techniques to protect Personal Data, such as firewalls and encryption. We also restrict access to your Personal Data to employees and others for lawful business purposes to assist in providing products or services to you.
We strongly recommend that parents take an active role in supervising the online activity of their children. The Website is not intended for children and we do not knowingly solicit personal data from or communicate with children under the age of 18.
If you have any questions or comments about products or services or this Privacy Notice, please contact us.
We reserve the right to change or add to this Privacy Notice from time to time and will post any revisions on the Website. We will post a prominent notice on the Website to notify you of any significant changes to this Privacy Notice, and will indicate at the bottom of the notice when it was most recently updated.
The European Data Privacy Directive prohibits the transfer of personal data from EU member states to destinations, including the US, that do not meet the European “adequacy” standard for privacy protection. The US Department of Commerce has developed “Safe Harbor” frameworks with the European Commission and the Swiss Data Protection authorities, to bridge the different privacy approaches between the US and Europe.
The Safe Harbor enables US businesses to receive and process personal data from the EU countries and Switzerland if they self-certify their adherence to the protections set out in seven Safe Harbor Privacy Principles.
We certify that we comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view our certification, please visithttp://www.export.gov/safeharbor/
We have further committed to refer unresolved privacy complaints under the US-EU and US-Swiss Safe Harbor Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by (your business name), please visit the BBB EU SAFE HARBOR web site atwww.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.