TERMS OF SERVICE
- INTRODUCTION PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THIS IS A LEGALLY BINDING CONTRACT. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU WILL BE DENIED ACCESS TO THIS SITE AND RELATED SERVICES. Welcome to the services provided by Next Step Health, LLC (herein known as “Next Step Health” or “we/us”) consisting of the website at https://nextstephealthcoaching.com (herein known as “The Site”), consultation, wellness and nutrition advice/coaching, and personal training sessions both in-person and remote. These Terms of Service span the entirety of Next Step Health and all related services, unless otherwise stated.
- USE OF NEXT STEP HEALTH BY MINORS AND BLOCKED PERSONS Next Step Health services are not available to persons under the age of 13. If you are between the ages of 13 and 18, or between 13 and the age of legal majority in your jurisdiction of residence, you may only use The Site and related services under the supervision of a parent or legal guardian who agrees to be bound to these Terms of Service on your behalf. Users found falsifying such information for the purposes of gaining access to Next Step Health’s services will promptly be blocked from further use of The Site and related services at the current time and in the future. Next Step Health services are not available to any users previously removed from our platforms and programs for Terms of Service violations. Services are also unavailable to any persons barred from receiving them under the federal laws of the United States of America or applicable laws in any other jurisdictions such as towns, boroughs, cities, states and countries outside the USA. By creating and using a Next Step Health account and by accessing The Site, you certify that you are at least 13 years of age and you have not been previously removed or prohibited from accessing Next Step Health for any reason.
- USE OF DEVICES AND SERVICES
- Account Usage You are solely responsible for any information you share on your Next Step Health account, including any accounts for which you act as a representative. This includes personal information sent through The Site, email, via text or other technologies. Content from other users that violates the Terms of Service should be reported immediately. To report a Terms of Service violation, please contact firstname.lastname@example.org. In addition, you are solely responsible for the storage and security of your username and any associated passwords for The Site and related services. If, for any reason, you believe your account is no longer secure, please contact email@example.com. Usage of The Site and related services may require the use of your own personal devices such as cell phones, tablets, personal computers, laptops, Apple products and other technologies. You are solely responsible for the condition and maintenance of such devices as well as any fees associated with their use. You may not now, or at any time in the future, sell Next Step Health usernames, passwords or other account information for money or goods, both tangible and intangible, under any circumstances.
- Conduct and Content By using Next Step Health and its services, you understand that you are bound by these Terms of Service, including the following guidelines on conduct and content. Next Step Health accounts and services cannot be used for solicitation of any kind, or to organize or carry out illegal activities. Accounts, blogs or other file sharing services (email, text, website forms, etc.) may not be used to create, upload, transmit or distribute material containing the following: pornography, trafficking of any sort, graphic violence against humans or animals (including suicide or the promotion thereof), unsolicited offers both public and private, or to claim false affiliation with an individual, entity, organization or brand. Additionally, users are not permitted to use Next Step Health and related services to harass, defame, threaten, abuse, defraud or otherwise harm individuals, groups, entities, organizations or brands for any reason. Uploading or submitting hateful content, creating usernames containing hate speech, derogatory terms or expletive language, sending disturbing images or written graphic descriptions of sexual acts or acts of violence and otherwise distributing any other materials that violate these Terms of Service will result in immediate account termination from Next Step Health and all related services. Users are not permitted to attempt or carry out the modification of The Site through hacking or unauthorized use of other Next Step Health accounts or The Site itself. Posting links to or implementing any form of malware, spyware or phishing programs anywhere on The Site is strictly prohibited.
- Intellectual Property, Trademarked Information and Advertisements
- Compliance with the Law Next Step Health follows the requirements of the Digital Millennium Copyright Act (“DMCA”) and other such laws applicable to intellectual property. As we comply with laws, we expect others to respect our intellectual property rights. If you believe that material located on The Site or linked to by us violates your copyright, report infringements immediately to firstname.lastname@example.org. Next Step Health will respond to all such notices, as required or appropriate, by removing or disabling links to the infringing material.
- Submissions In the absence of contractual obligations, all ideas, suggestions or proposals sent to Next Step Health and/or its employees are subject to use for any purpose without compensating or crediting the contributing user. By submitting such information, you agree to allow us to reproduce, modify, adapt and publish the content, world-wide and royalty-free.
- Advertisements We reserve the right to display advertisements on your account or blog unless you have purchased ad-free account space. Similarly, we reserve the right to display attribution links in the footer or toolbar of any user account. We are not responsible for the content of advertisements, links or affiliated companies.
- Refusal and Removal of Content We reserve the right to refuse or remove any user-submitted content that violates these Terms of Service or is in any way otherwise harmful or objectionable.
- Account Termination and Refunds Next Step Health reserves the right to terminate any account at any time, for any reason, with or without notice, when there is reason to believe that you have violated these Terms of Service in any form. Termination of an account related to violating these Terms of Service holds no guarantee of monetary refunds for payments made. Refunds of this nature are solely up to our discretion, depending on the individual circumstance.
- User-Initiated Termination You may revoke consent and end your legally binding contract with us at any time by deactivating accounts and discontinuing the use of our services.
- Limitations and Liability
- Services and Retaliation All services rendered through Next Step Health are offered “as-is” and “as-available.” There is no guarantee of service, and as a user, you agree to such. Errors, bugs and periods of downtime on The Site may occur and are in no way guaranteed to be fixed within a set amount of time. Next Step Health and its employees reserve the right to refuse service to individuals who have been found breaking these Terms of Service without retaliation.
- Loss and Damages To the maximum extent permitted by all applicable laws, we are not responsible for any direct/indirect, special, incidental, consequential or intangible damages up to and including: loss of profits or revenue, damages to the reputations of any individuals, entities, organizations or groups, loss of data or goodwill, any tangible/intangible losses that occur as a direct or indirect use of services, inability to login to our services, or any unauthorized access to your account due to hacking, phishing, malware, outages or violations of these Terms of Service.
- Affiliate Content Next Step Health is in no way responsible for the content found on affiliate links, even when a user finds such links on The Site. Additionally, when activating a partner product or link from a partner/affiliate website, you agree to that partner’s Terms of Service as well as those of Next Step Health.
- Indemnity You agree to indemnify and hold harmless Next Step Health, its contractors, employees, licensors and their respective directors and employees from and against any and all claims and expenses including attorney fees, wages lost and other expenses arising from your use of The Site and services.
- User-Provided Information: You may provide a range of personal data to us, up to and including, your name, address, email address, phone number, personal health and other like information.
- Automatically Collected Information: When you access The Site and related services, there is a number of information that we collect automatically by using cookies. Cookies are small strings of alphanumeric information that are sent to your browser. They are used to store usage information on a website or application. For more information on cookies, how they work and what kinds of data they collect, click here.
- Information From Other Sources: Due to the nature of the internet, other data will be periodically collected from third-party sources such as Google Analytics and similar webtools. Such information includes, but is not limited to, demographic and statistical information, username information and any social media information to which you’ve granted us access. We collect and use this information as a supplement to the user-provided information to ensure a safe, relevant and smooth user experience.
HOW WE USE COLLECTED INFORMATION
Next Step Health uses the information collected to maintain, operate, modify, strengthen, secure and offer the services provided to our users.
User-provided information may be used to correspond with users when necessary, but will never be sold, traded, bought or given to any outside agency, entity or individual by us.
Automatically collected information is used to analyze service usage, detect and fix technical problems and protect users from illegal activities such as fraud and identity theft. It will not be sold, traded, bought or given to any outside agency, entity or individual by us.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA)
Although certified personal trainers and health coaches are not always legally bound by the terms of the Health Insurance Portability and Accountability Act (“HIPAA”) in the same ways that doctors, hospitals and other healthcare facilities are, Next Step Health takes the protection of personal health information very seriously. Without consent, we will never disclose, release, share, sell, trade or otherwise give away or discuss any personal health information provided to us, even from those who do not ultimately become clients after consultation, within the confines of applicable law. For more information on HIPAA, click here.