NOTE: Nudge develops and manages custom-branded mobile apps for a number of wellness and fitness businesses (the "Nudge Apps" in the Term of Services below). These terms pertain to all mobile apps developed by Nudge, LLC available for download in the App Store and Google Play, and all services available through nudgecoach.com and nudgeyourself.com sites.
When you use our products and services you are agreeing to our Terms of Service, so please read these terms carefully as they contain important information regarding your legal rights and obligations.
Terms of Service
These Terms of Service govern your access to and use of the the Nudge applications downloaded by you (the “Nudge Apps”), nudgecoach.com and nudgeyourself.com websites (the "Website"), and the services (the “Services”) that are provided by Nudge, LLC or its affiliates or agents (“Nudge,” “we,” “us” or “our”) through the Website or the Nudge Apps (collectively, the “Nudge Sites”). Please read the Terms of Service carefully. BY USING THE NUDGE SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, SET UP AN ACCOUNT OR USE THE NUDGE SITES OR THE SERVICES.
Access to and Use of the Nudge Sites and the Services
You may access and use the Nudge Sites and the Services only if you (or your parent or guardian) are able to enter into these Terms of Service and form a legally binding agreement between you and us. The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws. You may not access or use the Nudge Sites or the Services if you are under the age of 13.
To access and use the Nudge Sites and the Services, you must create a Nudge account and (a) provide us the required account creation information, (b) if required, provide us your credit card or other payment information and (c) create a username and password.
If you create an account for a company or other organization (“Company”), "you" includes you and the Company. You represent and warrant to us that you, on behalf of the Company, are authorized to (a) grant all permissions and licenses set forth in these Terms of Service, (b) undertake the obligations set forth in these Terms of Service and (c) enter into these Terms of Service. The Company may grant additional individuals access to the Company’s account as long as each such user provides us his or her required information, creates a username a password and accepts these Terms of Service.
You agree that you will not use the Nudge Sites and the Services for any illegal purposes. You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account. You agree that you will not enter, upload or disseminate any Information that infringes on the copyrights or other intellectual property rights of any third party.
No Medical Services Relationship
Our Services do not constitute medical advice or medical opinions. We gather information from our users, analyze and aggregate the information and then provide it for informational purposes. Using the Services is not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition. If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and us. If your use of the Services will change how you exercise, eat or otherwise behave, you agree that you will consult with your healthcare professionals before making changes to your exercise, diet or other behavior.
If you are a health coach, practitioner, personal trainer or other similar service provider, you can register with us as a Nudge Coach. As a Nudge Coach you can offer your services to our users through our invitation features. As a Nudge Coach, you will be granted access to all information of the users that accept your invitations. You acknowledge that this information is personal and confidential and agree that you will not disclose the information to any person and that you will use the information solely in connection with your provision of services as a Nudge Coach.
If you are a user who accept an invitation from a Nudge Coach, you acknowledge and agree that all opinions, advice, statements, or other information, including, without limitation, with respect food, nutrition and exercise, is that of the Nudge Coach and not of Nudge. All Nudge Coaches are independent operators and not employees or agents of Nudge. Nudge does not endorse any Nudge Coaches nor any opinions, advice, statements, or other information they provide. Under no circumstances will Nudge be responsible for any loss or damage resulting from your reliance on opinions, advice, statements, or other information of any Nudge Coach.
We care about the security of your Information and account information. We continuously work to protect the security of your Information and your account information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any unauthorized use of your account.
Assumption of Risks Related to the Services
YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE NUDGE SITES AND THE SERVICES AS WELL ANY CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE. ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES AND HEIRS, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY NUDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.
Grant of License
For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Nudge Sites. The Services, including the Nudge Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose. When accessing the Services through downloaded Nudge Apps, you acknowledge and agree that you have not entered into any agreement with the Nudge App provider regarding the Nudge Apps or the Services. As such, we are responsible for the Nudge Apps, any maintenance and support services needed or any claims that could be made regarding the Nudge Apps.
Information and Intellectual Property
You agree that no Information you share on the Nudge Sites will (a) be offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, (b) infringe on the copyrights or other intellectual property rights of any third party, (c) violate the privacy right of any third party, (d) violate these Terms of Service or (e) otherwise violate any applicable law. We do not pre-screen Information provided by you, but we reserve the right to remove any Information uploaded to or posted to the Nudge Sites if we believe that it violates these Terms of Service or our policies.
The Nudge Sites and the Services, all software (source code and object code) related thereto, all content provided by us or our affiliates or agents, all processes, designs, techniques, concepts, improvements, modifications, inventions and discoveries related to the Nudge Sites and the Services, all trademarks, copyrights, service marks, patents, applications therefore, trade secrets and other intellectual property rights appurtenant thereto and any derivate works thereof related to the Nudge Sites and the Services are and shall remain our exclusive property. No use of the Nudge Sites and the Services shall be deemed to transfer title, or grant a license to the any of the foregoing.
You may not duplicate, copy, or reuse any portion of our visual design elements or concepts without our prior express written permission. Furthermore, you shall not, nor permit any other party to, (a) disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Nudge Sites and the Services; (b) alter, modify, or prepare derivative works based on the Nudge Sites and the Services or any materials related thereto; or (c) use any part of the Nudge Sites and the Services or any materials related thereto to create, invent or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Nudge Sites and the Services or any materials related thereto.
If you believe any Information on the Nudge Sites violates any of these Terms of Service or our policies, you may report it as abuse within the Nudge Apps using the "Report Abuse" button, or via email to the address firstname.lastname@example.org. If any Information you share to the Nudge Sites violates these Terms of Service or our policies, we reserve the right to (a) remove your content (b) restrict or disable your ability to share content to the Nudge Apps from your account, or (c) temporarily or permanently suspend your account.
Cancellation and Termination
You will be solely responsible for cancelling your account. You may request the deletion of your account and/or any and all associated data from Nudge Sites and Services by submitting written request via email to the address email@example.com. An email or phone request to cancel your account is not a proper cancellation until you have received direct confirmation from an agent of Nudge. We have the right to at any time suspend or terminate your account and refuse any and all current or future use of the Nudge Sites and the Services for any reason or no reason. We cannot guarantee that your Information will be available to you following a cancellation, or suspension.
Modifications to the Nudge Sites and Services
We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Nudge Sites and the Services that we offer, with or without notice. We may upgrade the Nudge Sites and our Services and you agree that these Terms of Service will apply to such upgrades. You agree that we will not be liable to you or to any third party with respect to any such modification, upgrade or discontinuance of the Nudge Sites and the Services.
Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NUDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NUDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICES; (c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SERVICES; (e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT (a) THE WEBSITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF THE WEBSITE OR THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You acknowledge and agree that Nudge may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Nudge Sites and the Services.
We reserve the right to modify these Terms of Service from time to time at our sole discretion. Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service. If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Nudge Sites and the Services. All new or modified features related to the Nudge Sites and the Services, including the release of new features, tools and resources, will be subject to these Terms of Service.
You agree that you will not modify, adapt or hack the Nudge Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Nudge Sites and the Services or Nudge. You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Nudge Sites and the Services.
You understand that the technical processing and transmission of the Nudge Sites and the Services, including your Information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages. You agree that you will not transmit any worms or viruses or any code of a destructive nature.
These Terms of Service shall be governed by the laws of the State of Tennessee, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in Hamilton County, Tennessee.
The Nudge Sites and the Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
The failure of Nudge to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and Nudge and govern your use of the Nudge Sites and the Services, superseding any prior agreements between you and Nudge. You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.
Any questions regarding these Terms of Service should be addressed to firstname.lastname@example.org.
These Terms of Service were last revised on January 2, 2017.