FastCoach App Terms & Conditions

Terms and Conditions

Last modified on October 7, 2020

CAUTION: This Application is NOT a substitute for the advice of a doctor or healthcare professional. Any health-related information is for informational purposes only and should not be used to replace the advice of a doctor or healthcare professionals.

 

These Terms and Conditions are entered into between you ("you") and AmVentureX, Inc. ("Company", "we" or "us"). The following Terms and Conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms and Conditions"), govern your access to and use of FastCoach Intermittent Fasting, as well as our websites, software, documentation and content (collectively, the "Application").

Please read these Terms and Conditions carefully before you start to use the Application. By using the Application, regardless of how accessed, you accept and agree to be bound and abide by these Terms and Conditions, our Privacy Policy https://ketocoachx.com/pages/fastcoach-app-privacy-policy, and Application End User License Agreement Policy https://ketocoachx.com/pages/fastcoach-eula, which are incorporated herein by reference. If you do not want to agree to these Terms and Conditions, you are not authorized to use or access the Application.

BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT COMPANY IS NOT PROVIDING YOU WITH A MEDICAL DEVICE, MEDICAL ADVICE AND/OR HEALTHCARE SERVICES; (B) ACKNOWLEDGE THAT COMPANY IS NOT RESPONSIBLE IN ANY WAY FOR ANY HEALTH PROBLEMS OR INJURIES, INCLUDING, WITHOUT LIMITATION, INCAPACITY OR DEATH, WHICH MAY RESULT FROM OR BE RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION; (C) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (D) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (E) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.

  1. Changes to Terms and Conditions

These Terms and Conditions may be changed by us from time to time and at any time without notice to you in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Application thereafter. You agree and accept that your continued use of the Application following any such amendment will be deemed an acceptance of the amended Terms and Conditions. Please check the Application and this page periodically so that you are aware of any changes, as they are binding on you.

  1. Fees & Payment

FastCoach Pro

Payment will be charged to the credit card connected to your Itunes Account when you subscribe. Subscriptions automatically renew unless auto-reneew is turned off at least 24-hours before the end of the current period. Manage your subscription by going to your Account Settings

If you buy any of our paid services (“Premium Services”), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your Premium Services. Also, you agree that we may store and continue billing your payment method (e.g. credit card) even after it has expired to avoid interruptions in your services and to use your payment method to pay other Premium Services you may buy. If you purchase Premium Services, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. All purchases are non-refundable. To avoid future charges, cancel before the renewal date. After you cancel Premium Services, you will return to a basic (free) account and retain your profile, connections, and other data.

All prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed. Price increases will only apply to orders and renewals placed after such changes. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

  1. Interruptions and Omissions in Service

Whilst we try to ensure that the standard of the Application remains high and to maintain the continuity of it, errors, omissions, interruptions of service and delays may occur at any time. We will not be liable for any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate the Application (or any particular part of it) or to provide the service offered on the Application. We may vary the specification of the Application from time to time without notice. We reserve the right to withdraw or amend this Application, and any service or material we provide on the Application, in our sole discretion without notice.

  1. Links to other sites

On the Application you may be offered automatic links to other sites and resources provided by third parties, which are provided for your convenience only. This includes, without limitation, links containing advertisements, including banner advertisements or sponsored links. We have no control over the contents of those sites or resources, and we do not accept any responsibility for or liability in respect of the content of those sites or resources, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites or resources is entirely at your own risk.

  1. Your Use of the Application

You may only use the Application for lawful purposes. You must not under any circumstances seek to undermine the security of the Application or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorized access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Application or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Application.

You are solely responsible for any information submitted by you to the Application. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable federal, state, local or international legislation, regulations, guidelines or codes of practice, or the copyright, trademark or other intellectual property rights, or publicity or privacy rights, of any person in any jurisdiction. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Application. Any information that you post to a non-public area of the Application will be considered non-confidential and non-proprietary. We reserve the right to remove any information supplied by you from the Application at our sole discretion, at any time and for any reason without being required to give any explanation.

  1. Feedback

Notwithstanding any other provision in these Terms and Conditions, if you provide any feedback, input, ideas, suggestions, or recommendations regarding the Application and/or the Company’s products or services offered by the Application (collectively, "Feedback"), Company is free to use and incorporate such Feedback in its Application, products and services, without payment of royalties or other consideration to you. You acknowledge and agree that any such Feedback is provided on a voluntary basis. Further, you agree that no Feedback provided by you shall include confidential or proprietary information that is owned by you or any other third party, or that you are compelled to keep confidential by law or otherwise. To the extent that any intellectual property is created, conceived, developed, or made during the course of or arising from your use of the Application, it shall be exclusively owned by, and is hereby assigned to, Company, whether it is based upon, makes references to, incorporates, or otherwise makes use of, in whole or in part, Feedback.

  1. Information on the Application

Whilst we make every effort to ensure that the information on the Application is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, or by anyone who may be informed of any of its contents. We may update the Application from time to time, but its content is not necessarily complete or up-to-date. Any of the content on the Application may be out of date at any given time, and we are under no obligation to update such material.

The Application may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  1. Intellectual Property Rights

The rights in content on the Application are owned by the Company, its licensors or other providers of such content and are protected by United States and international copyright, patent, trademark, trade secret and/or other intellectual property or proprietary rights laws and you agree to use the Application in a way which does not infringe these rights.

You may copy material on the Application for your own private or domestic purposes, but no copying for any commercial or business use is permitted. No right, title or interest in or to the Application or any content on the Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Application not expressly permitted by these Terms and Conditions is a violation of these Terms and Conditions and may violate copyright, trademark and other laws.

  1. Trademarks

The Company name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such names or marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Application are the trademarks of their respective owners.

  1. Copyright Policy

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Application infringe your copyright, you may request removal of those materials (or access to them) from the Application by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA") the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

  1. Registration and Privacy

To access the Application or some of the resources available on the Application, you may be asked to provide certain registration details or other information. It is a condition of your use of the Application that all of the information you provide on the Application is correct, current and complete. You agree that all information you provide to register with the Application or otherwise, including but not limited to through the use of any interactive features on the Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you agree and acknowledge that you are solely responsible for the security and proper use of such, must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password or other security information. You must notify us immediately if you believe that your user name or password is known to someone else or if it may be used in an unauthorized way. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.

  1. Disclaimer

THE APPLICATION, ITS CONTENTS AND THE PRODUCTS AND SERVICES AVAILABLE ON THE APPLICATION ARE PROVIDED ON AND "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE APPLICATION, ITS CONTENTS, ITS USES AND THE PRODUCTS AND SERVICES OFFERED ON THE APPLICATION, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY AND FREEDOM FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THE COMPANY IS BASED IN THE STATE OF MINNESOTA IN THE UNITED STATES. WE MAKE NO CLAIMS THAT THE APPLICATION OR ANY OF ITS CONTENT IS ACCESSIBLE OR APPROPRIATE OUTSIDE OF THE UNITED STATES. ACCESS TO THE APPLICATION MAY NOT BE LEGAL BY CERTAIN PERSONS OR IN CERTAIN COUNTRIES. IF YOU ACCESS THE APPLICATION FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation.

  1. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY APPLICATIONS LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Indemnification

You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Application, your violation of these Terms and Conditions, or any activity related to your use of the Application. You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Application.

  1. Choice of law and jurisdiction

All matters relating to the Application and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) are to be governed by and construed in accordance with laws of the State of Minnesota, without regard to its choice of law principles. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Minneapolis, Minnesota to settle all matters relating to the Application and these Terms and Conditions and any dispute or claim arising therefrom or related thereto.

  1. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held to be invalid, illegal or unenforceable for any reason by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect. In the event of an inconsistency, the inconsistency shall be resolved by giving precedence in the following order: the Application End User License Agreement, these Terms and Conditions, then the Privacy Policy.

  1. Termination

We may terminate your registration, close your account and/or deny you access to the Application or any part of it (including any services, goods or information available on or through the Application) at any time in our absolute discretion and without any explanation or notification. These Terms and Conditions shall remain in effect even after your account or ability to access the Application is terminated.

Contact Information

You may contact us by mail at [address], and by email at [email].