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Disclaimer:

 

Sayyes2 coaching is not intended to diagnose, treat, prevent or cure any disease or condition. It is not intended to substitute for the advice, treatment and/or diagnosis of a qualified licensed professionals. Coaches may not make any medical diagnoses, claims and/or substitute for your personal physician’s care. The SayYes team does  not provide a second opinion or in any way attempt to alter the treatment plans or therapeutic goals/recommendations of your personal physician. It is my role to partner with you to provide ongoing support and accountability as you create an action plan to meet and maintain your health goals.

 

Testimonials: 

 

We present real world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results.  Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products and Services, are the culmination of numerous variables, some of which we cannot control.

 

Personal Responsibility Clause: 

 

Our Website, Programs and Services aim to accurately represent the information provided. You are acknowledging that you are participating voluntarily in using our Website, Programs and Services, and you alone are solely and personally responsible for your results. You acknowledge that you take full responsibility for your health, life and well-being, for all decisions now or in the future.

Terms & Conditions:

 

Your continued use of the Site after any such changes to the terms constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review said changes.

Please read these Terms of Use carefully as they contain important information regarding your legal rights, remedies, and obligations.

Sayyes2 LLC’s Terms of Use include Sayyes2 LLC’s Privacy Policy. This policy is an integral part of Sayyes2 LLC’s Terms of Use and is subject to all of the provisions of these Terms of Use.

  1. Eligibility. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms of Use. By using the Site, you represent and warrant that you are 18 or older and that you agree to abide by all of the terms and conditions of this Agreement.

  2. Term. These Terms of Use will remain in full force and effect while you use the Site and/or are a registered member. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. 

  3. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

  4. User Rights and Limitations.

    1. The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal, non-commercial use. The User will not use the Site for any other purpose, including any commercial purpose, without the Company's prior written consent. The User represents, warrants, and agrees that no materials of any kind submitted through the User's account or otherwise posted, transmitted, or shared by the User on or through the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. The User also agrees to use the Site in a manner consistent with any and all applicable laws and regulations.

    2. The User agrees not to use the Site or to authorize any other person to use the Site to:

      1. cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;

      2. harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for any reason outside of the program, including sending unsolicited emails or other unsolicited communications;

      3. use the Site in any prohibited or unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

      4. use automated scripts to collect information from or otherwise interact with the Site;

      5. upload, post, transmit, share, store, or otherwise make available any content that the Company deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, racist, or otherwise objectionable, including the weights and other sensitive personal information of players without such players' written permission;

      6. upload, post, transmit, share, store, or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;

      7. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;

      8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;

      9. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

      10. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

      11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;

      12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

      13. intimidate or harass other Users;

      14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

      15. use or attempt to use another's account, service, or system without authorization from the Company, or create a false identity on the Site;

      16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type;

      17. Without limiting any of the foregoing, you also agree to abide by our Sayyes2 LLC Code of Conduct that provides further information regarding the authorized conduct of users on any Sayyes2 LLC site.

  5. Proprietary Rights in Site Content; Limited License.

    1. Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the property of Sayyes2 LLC and its content providers and that the Company and its content providers retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Sayyes2 LLC's prior written permission, except that the foregoing does not apply to the User Content (as defined below) that the User legally posts on the Site.

    2. Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. This limited license shall permit the User to share his or her User Content through social media, e-mail, or other Internet platforms. Except for User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots, spiders, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.

  6. User Content Posted on the Site.

    1. User Responsibility. You are solely responsible for the photos, profiles (including your name, image, avatars, and likenesses), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site (collectively the "User Content"). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason, or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the Sayyes2 LLC Code of Conduct, might be offensive, illegal, threatening to the safety of users or others, unpleasant, or might violate the rights of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

    2. License. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, research or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, provided that the Company may not use User Content in violation of the Privacy Policy. Aside from the license granted herein, Users retain all rights to their User Content, including the right to remove User Content at any time. If a User removes his or her User Content, then the license granted herein shall automatically expire, except that the Company shall retain such license to the extent that the Company has incorporated such content onto its content sites or in its advertising or promotional materials, and shall have the right to retain archived copies of such content.

  7. Third Party Websites and Content.

    1. The Site contains (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting of the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software, or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

    2. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company. Even if we recommend certain products, we are not offering any warrantees about the quality or safety of such products, either explicit or implied.

  8. Disputes between Users. You are solely responsible for your interactions with other Sayyes2 LLC users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

  9. Disclaimers.

    1. Content. The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software, or Content posted on or accessible through the Site, whether posted or caused by users of the Site, by Sayyes2 LLC, by third parties, or by any of the equipment or programming associated with or utilized in the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software, or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site.

    2. Viruses and Malware. The Company does not represent or warrant that software, content or materials on the Site, or any Third Party Applications, Software, or Content are accurate, complete, reliable, current, or error-free or that the Site, its servers, or any Third Party Applications, Software or Content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses.

    3. Health Disclaimer. Sayyes2 LLC is not a medical organization. Nothing contained in this Agreement or on the Site should be construed as medical advice. The information offered by Sayyes2 LLC and its affiliates should not be interpreted as a substitute for physician consultation, evaluation, or treatment. The User acknowledges that Sayyes2 LLC has no knowledge of any User's health condition(s) and that User alone is responsible for any actions User takes that may have any health or other risks to User. User shall satisfy himself or herself, including consulting with a physician, before participating in any Sayyes2 LLC program. Sayyes2 LLC may from time to time provide advice and comments as to weight loss and other health and wellness issues on its website or through e-mails and other media, including text, graphics, and images. This content is for informational purposes only and is not intended to be a substitute for professional review of your particular situation. Sayyes2 LLC does not endorse or recommend any products, services, procedures or opinions that may be mentioned on its site.

    4. Results. We believe our program, when taken seriously, will help most people to reach their goal including weight loss or maintenance and optimization of running or walking. The Company cannot guarantee and does not promise any specific results from use of the Site and/or any Third Party Applications, Software, or Content. 

  10. Reservation of Rights. The Company reserves the right, solely in its discretion, to change any and all content, software, and other items used or contained in the Site at any time without notice; modify and/or discontinue the Site at any time without notice; and terminate your username, password and account, should you be in violation of the Terms of Use.

 

  1. Disclaimer of Representations, Etc. THE SITE AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA, OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

 

  1. Limitation on Liability.

    1. IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  2. Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

 

  1. Communications from Sayyes2 LLC. By participating in a Sayyes2 LLC program you acknowledge that during the program you will automatically receive certain messages related to the program. 

 

  1. Miscellaneous.

    1. Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in Georgia.

    2. Definitions and Constructions. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.

    3. No Agency, Etc. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

    4. Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the following provisions of these Terms of Use shall survive any such termination: the introductory provisions; all provisions relating to rights and limitations on rights (except that all rights of users shall terminate on the termination of this Agreement).

    5. Prohibited Use. Use of the Site where prohibited is void.

    6. Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site. This Agreement may not be changed orally.

    7. Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provision.

Membership Provisions

REGISTRATION. To fully use the Sayyes2 LLC Membership Service, you must register by e-mail as a member by providing a password, valid email address and valid payment information. You must provide complete and accurate registration information to Sayyes2 LLC and notify us if your information changes.

Sayyes2 LLC's Code of Conduct

We encourage good-natured jocularity in the spirit of friendly accountability but we also intend for Sayyes2 LLC to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using Sayyes2 LLC and for posting messages, photos, video and other content ("Content") on Sayyes2 LLC, which rules are set forth in the Terms of Use and in this Code of Conduct.

WHEN YOU PARTICIPATE IN A SAYYES2 LLC CHALLENGE, YOU ARE AGREEING TO ABIDE BY THE CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON SAYYES2 LLC OR ANY OF IT'S SITES, WITH OR WITHOUT NOTICE, AS DETERMINED BY SAYYES2 LLC IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of Sayyes2 LLC and the other rights and remedies of Sayyes2 LLC.

Third-Party Content

Sayyes2 LLC allows you to upload and share user-generated Content with your friends, including photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and videos of a personal nature that: (i) are of you or others, (ii) are taken by you or others, or (iii) are original art or animation created by you or others. It is not intended as a place for you to post third-party copyrighted content. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using Sayyes2 LLC, you may not:

  • upload or share any photographs, videos or other Content other than original works that are created by you or another user

  • post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party

  • attempt to circumvent any content filtering techniques we may employ

Inappropriate Content

While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like Sayyes2 LLC. Therefore, you may not post or share Content that:

  • is obscene, pornographic, or sexually explicit

  • depicts graphic or gratuitous violence

  • makes threats of any kind or that intimidates, harasses, or bullies anyone

  • is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful

Unlawful or Harmful Content or Conduct

Although as an online service provider we are not responsible for the conduct of our users, we want Sayyes2 LLC to be a safe place on the internet. Therefore, in using Sayyes2 LLC, you may not:

  • violate any local, state, national, or international law or post any Content that would encourage or provide instructions for a criminal offense

  • impersonate any person or entity or otherwise misrepresent yourself, your age, or your affiliation with any person or entity

  • use Sayyes2 LLC to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation

  • post or share any personally identifiable or private information of any third party

  • solicit passwords or personal information from anyone, including those under 18

  • use information or content you obtained on the Sayyes2 LLC website or service in any manner not authorized by the Sayyes2 LLC Code of Conduct or Terms of Use

  • post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

  • register for more than one account; use or attempt to use another's account, service, or system without authorization; or create a false identity on the Service or the Site

  • engage in any predatory or stalking conduct or taking any action that harasses or embarrasses other users
     

This Code of Conduct is subject to change or termination at any time at Sayyes2 LLC's sole discretion.