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Terms and Privacy Policy

Welcome to Ari Coach!

We are super happy to have you. It’s an honor for us to be a partner on your journey.

Here is some important information about our service.

Terms of Service (“Terms”)

Last updated: November 27, 2020

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Service”) carefully before using the aricoach.com website (the “Website”), all other products and services, including the Ari Coach iOS and Android mobile apps (the “Applications”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Arise Performance Labs, Inc., a Delaware corporation (“Company”, “we”, “us”, “our”, “ARISE”).

By accessing, browsing and/or using the services, you acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in the terms of use and the applicable guidelines set forth on the websites for any mobile apps you download. If you do not agree to the terms of use and the applicable guidelines, then please cease using the services immediately. If you are entering into this terms of use on behalf of a legal entity, you represent that you have the legal authority to bind the legal entity.

Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Use”).

These Terms of Use govern your use of the Services and are a condition to your use of the Services. By using the services, you agree that you are of at least 18 years of age, or using the services under a parent or guardian’s supervision, and are legally able to enter into a contract. If you are under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review this terms of use with your parent or guardian to make sure that both you and your parent or guardian understand and agree to this terms of use. You agree to have your parent or guardian review and accept these terms of use on your behalf. If you are a parent or guardian agreeing to this terms of use for the benefit of an individual under the age of 18, then you agree to and accept full responsibility for that child’s use of the services, including all financial charges and legal liability that he or she may incur.

Users within the EU are only accepted if they have reached the age of 16. For young people who have not yet reached this minimum age, the agreement and consent to data processing must either be declared by the user’s parent or guardian or done with the latter’s approval.

By using this site, you agree to the terms and conditions presented here. If you do not agree to these terms of use, you may not use this website. By using this site, you agree that you are of at least 18 years of age, or using this site under a parent or guardian’s supervision, and are legally able to enter into a contract.

Please note that we do reserve the right to change any of these terms of service at any time, without notice to you. That being said, we encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service.

These Terms of Use include:
Your acknowledgment and agreement that you are healthy enough to perform strenuous exercise and follow a general nutrition plan and that you have consulted with a physician before using the Services (Section 1).
Your agreement that the Services are provided “as is” and without warranty (Section 12).
Your agreement that Company has no liability regarding the Services (Section 13).
Your consent that you and Company have the right to compel arbitration (Section 17).

1. Use of service; no medical advice

You understand that our Services are intended for use only by individuals healthy enough to perform strenuous exercise and follow a general nutrition plan and, may not be suitable or recommended to all individuals, including but not limited to, pregnant women or people who suffer from an underlying medical condition or who have special dietary needs. Our Services may utilize the Physical Activity Readiness Questionnaire (PAR-Q) in assessing the safety of, or possible risks of, exercising for you based on your answers. This assessment requires that all information provided by you is true, complete and correct and further, requires that you not omit any relevant information regardless of whether we have asked about such information. Furthermore, in becoming a user of the Services, you affirm that a physician has specifically approved your use of the Services, or that all of the following statements are true:

  • No physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician;
  • you have never felt chest pain when engaging in physical activity;
  • you have not experienced chest pain when not engaged in physical activity at any time within the past month;
  • you have never lost your balance because of dizziness and you have never lost consciousness;
  • you do not have a bone or joint problem that could be made worse by a change in your physical activity;
  • your physician is not currently prescribing drugs for your blood pressure or heart condition;
  • you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems;
  • you are not pregnant, breastfeeding or lactating;
  • you do not have a condition of high-cholesterol, diabetes, obesity or arthritis; and
  • you do not know of any other reason you should not exercise or follow a general nutrition plan.

Before using our services, you should consult your doctor or other professional healthcare provider. the use of any information or programs provided on the services is solely at your own risk. If you think you may have a medical emergency, call your doctor or 911 immediately.

If at any time during your exercise workout you do not feel well, make sure you stop immediately and seek medical advice from a medical professional if required.

The content available via the services is provided with the understanding that neither the company nor its affiliates or users are engaged in rendering medical, counseling, legal, or other professional services or advice. Such content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. Our recommended workout plans and exercises or nutrition plans, even if they are tailored to individual users, should not be misconstrued as medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.

Neither the Company nor any of its trainers or Affiliates will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our recommended workout plans or exercises or nutrition plans. While we may provide guidelines such as written descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly and to consider consulting with a qualified coach, instructor, personal trainer, or physical therapist, especially if you are new to any of the forms of training or activity you seek to perform.

2. Modification of terms of use and/or services

The Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify this Terms of Use at any time and without prior notice. If the Company amends this Terms of Use, it will update this posting on the Website and specify the effective date of the new version of the Terms of Use. Your continued use of the Services following the posting of a new version of the Terms of Use shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Use has been posted each time you use the Services. If the amended Terms of Use are not acceptable to you, your only recourse is to cease using the Services.

3. Privacy

Please refer to the Privacy Policy available here for information and notices about how the Company collects, uses and shares your personally identifiable information in connection with the Services. You hereby agree to be bound by Company’s Privacy Policy.

4. Your Account

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

ARISE offers PRO subscriptions that grant you access to additional features like additional workouts and customized meal plans. If you choose to become a Pro Account member, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by us). You will immediately be charged for your pro subscription fees after your Pro Account status has been activated; provided that no charges will be made or incurred during any applicable free trial period (as described in Section 5). You agree to pay all subscription fees and other charges incurred in connection with your username and password for your Ari Coach account.

5. Ownership and intellectual property rights of the Company

The Services are owned by the Company and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Use, the Company and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by the Company or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by the Company or its third party licensors without the appropriate owner’s prior written consent.

6. License to use content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available through the Services. Some of the Content is provided by the Company or its affiliates, and other Content is provided by persons who use the Services (“Users”), such as Users’ opinions and views provided via posts to chat rooms, blogs, bulletin boards, profile pages, messaging services, discussion forums, and more.

The Company grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of the Company. All rights not expressly granted in this Terms of Use are expressly reserved for the Company.

While we strive to keep the Content accurate, complete, and up-to-date, we cannot and does not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or our affiliates or by Users. The Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of the Company. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.

7. License to use services

As between you and the Company, the Company shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof. Subject to your compliance with the Terms of Use, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Website and to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Android app stores (“App Store”). You acknowledge that the Terms of Use are between you and the Company and not with the App Store or owner thereof. The Company, not the App Store or owner thereof, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In the event of any failure of the Application to conform to any applicable warranty, you may notify the owner of the App Store, and the owner of the App Store may refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, the owner of the App Store will have no other warranty obligation whatsoever with respect to the Application. As between Company and the owner of the App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company. In order to use the Application, you agree to pay all fees associated with such access, as applicable. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store or owner thereof (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.

8. Restrictions on use of services

Your use of the Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:

Posting, uploading, publishing, submitting or transmitting any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Accessing, tampering with, or using non-public areas of the Website, the Company’s computer systems, or the technical delivery systems of the Company’s providers; Attempting to probe, scan, or test the vulnerability of any Company system or network or breaching any security or authentication measures;
Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by the Company or its providers or any other third party (including another user) to protect the Services;
Attempting to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by the Company or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
Using any meta tags or other hidden text or metadata utilizing a Company trademark, logo, URL or product name;
Using the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Use;
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive or false source-identifying information;
Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Collecting or storing any personally identifiable information from the Services from other users of the Services without their express prior permission;
Impersonating or misrepresenting your affiliation with any person or entity;
Violating any applicable law or regulation;
Contacting anyone who has asked not to be contacted, or making unsolicited contact with anyone for any commercial purpose;
“Stalking” or otherwise harassing anyone;
Collecting personal data about other users for commercial or unlawful purposes;
Posting false or irrelevant content, or repeatedly posting the same or similar content;

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be in violation of the Terms of Use or otherwise harmful to the Services.

9. User-submitted content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Content”). By doing so, you represent and warrant to the Company that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content.

We make no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to the Company and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to: post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Service, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available. We reserve the right to remove User Content or edit it in any way.

10. Digital Millennium Copyright act notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify the Company’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification, which may result in us re-posting the content if we believe that it is not infringing.

Any DMCA requests and any other feedback, comments, requests for technical support or other communications should be directed to customer service through hi@aricoach.com.

11. Third party sites / links / ads

Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.

The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.

If there is a dispute between you and any such third party, you understand and agree that the Company shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

12. Disclaimer of warranties

YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

13. Limitations of liability

UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. YOU MUST EVALUATE, AND AGREE TO BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL THE COMPANY OR ITS ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS TERMS OF USE AND YOUR ACCESS TO THE WEBSITES AND SERVICES WOULD BE SUBSTANTIALLY DIFFERENT. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms of Use; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.

15. Termination and survival

Either party may terminate the Terms of Use for any or no cause, at any time. After termination, you agree that you shall no longer access or utilize the Services. The provisions of this Terms of Use which by their intent or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, indemnification and dispute resolution shall survive the any termination of this Terms of Use and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

16. Severability

If any provision of the Terms of Use is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Terms of Use shall continue in full force and effect.

17. Dispute resolution

You and Company agree to resolve any disputes between us in accordance with this Section 17. If you believe that Company has not adhered to the Terms of Use or you have any dispute with Company, please contact Company using the contact information provided below. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably.

Except as provided herein, you and Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All such controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Websites, the Services or this Terms of Use (each a “Claim”) shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). If AAA is not available to arbitrate, the parties shall agree to select an available alternative dispute resolution provider (“ADR Provider”) and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

For any claim where the total amount of the award sought is $10,000 or less, the AAA (or ADR Provider, if applicable), you and Company must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA (or ADR Provider, if applicable) rules, and the hearing (if any) will be held in the state of Delaware.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Company also have the right to bring qualifying claims in small claims court. In addition, you and Company retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in this Terms of Use.

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section 17 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 17 shall continue in full force and effect. No waiver of any provision of this Section 17 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section 17 will survive the termination of this Terms of Use or your relationship with Company.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES OR THE RULES OF AN ADR PROVIDER.

18. Applicable law and venue

This Terms of Use and the resolution of any dispute related to this Terms of Use will be governed and interpreted by and under the laws of the State of Delaware, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute relating in any way to the Services or this Terms of Use will be adjudicated in any state or federal court in the state of Delaware.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 17 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

19. Contact information

If you have any questions about these Terms of Use or the Services, please contact Arise at:

hi@ariseperformance.com

Liability Disclaimer for Nutritional
and Exercise Suggestions

Last updated:November 27, 2020

In consideration of the services of Arise Performance Labs Inc., a Delaware corporation, its agents, owners, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “ARISE”) I, and the institution providing this service to me, hereby agree to release and discharge ARISE, as follows:

By accepting these terms, I, and the institution providing this service to me, will not hold ARISE responsible, now or at any time in the future, for any injury, illness, allergic reaction, or lack of results while following the nutritional suggestions and exercise program from the Ari Coach Applications. I completely acknowledge that ARISE is solely a service for providing nutritional and exercises suggestions and that the nutritional suggestions are provided by a Board Certified Specialist in Sports Dietetics but that ARISE does not function as a physician or any health care provider, diagnose or treat disease, and does not replace the necessary services of a licensed physician or health care provider. I completely acknowledge that I am simply receiving nutritional suggestions and that it is my choice to adhere to the provided nutritional suggestions. My participation, in using the ARISE service and receiving nutritional suggestions, is voluntary, and by using the ARISE application, I accept responsibility for any harm, injury, illness or death that may result.

I recognize that specific foods may create allergic and possible fatal reactions, most specifically, products containing nuts. I am also aware that specific foods may interact with certain medications. I acknowledge that I should always seek the advice of my physician or other health care provider with any questions I may have regarding a medical condition. I acknowledge that I should never disregard professional medical advice or delay seeking it because of something I have read on ARISE. I acknowledge that I should consult my physician regarding the side effects of the nutritional suggestions with all of my medications. I also understand the nutritional information I receive will not take my medications into consideration. In addition, but not limited to the following, if I am pregnant or lactating, have high cholesterol, high blood pressure, high blood sugar, diabetes, renal disease, gastric by-pass surgery or any other medical condition that requires special dietary restrictions, I should consult my physician before utilizing the nutritional suggestions provided by ARISE.

I acknowledge and agree that no warranties or representations have been made to me regarding the results I will achieve from following the nutritional suggestions. I understand that results are individual and may vary.

Privacy Policy

Last updated: January 31, 2022

ARISE (“us”, “we”, or “our”) operates the aricoach.com website, app.aricoach.com website, and the Ari Coach iOS and Android apps (the “Service”).

By installing our mobile application or in any way using or accessing our Services, you accept the terms and conditions of this Privacy Policy and the processing of your personal data.

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

Your privacy is important to us and we will only process your personal data in accordance with this Privacy Policy and relevant personal data regulation. We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at aricoach.com/legal.

Personal data controller
Responsible for the processing of your personal data is:

COMPANY NAME
Arise Performance Labs, Inc

ADDRESS
3972 Barranca Pkwy Ste J234
Irvine, CA 92606 United States

E-MAIL
hi@ariseperformance.com

 

1. Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, Age, E-mail, Country of residence, Weight, Height, Device identifiers (i.e. information on what device, IP-address, etc. you use to register and log on to the Services), and Technical information related to your use of your device which could be attributed to you (i.e. geo-location data, access history, search history, and information regarding your interaction with the application or advertisements) and other information (“Personal Information”) which is used to provide the Services and to allow Arise to market to you in accordance with this Privacy Policy.

As you continue to use the Services, you will regularly provide Arise with further personal data. It follows from the nature of the Services that we must process such data that you upload to the Services to enable the Services, for example, we will process your weight data and calorie intake to enable the monitoring and presentation of your personal goals (whether it be weight loss or weight gain). This processing is a prerequisite for us being able to offer the Services to you.

If you connect to the Services using a Third-Party Application (e.g., Apple HealthKit, Facebook), Arise will collect and use your personal information from such third party applications such as your username, name, profile picture, country, hometown, email address, date of birth, and gender, as well as such health data that you choose to synchronize with Arise’s Services.

For some of the data mentioned above, collected from you and processed by Arise for certain features of the Services, it may be possible for us to delete and cease processing for the future if you so require, without your having to terminate your use of the entire Services, i.e., not all data (submitted over time by you to us either directly or through third-party services) is required for you to still be able to use the Services. If you want us to cease processing certain data about you under this category, we will inform you about the consequences of such cessation. Specifically, we will inform you how any deletion of your data will affect your use of the features of the Services.

2. Log Data

We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

3. Cookies

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

4. Service Providers

We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

5. Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

6. Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

7. Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we discover that a Children under 13 has provided us with Personal Information, we will delete such information from our servers immediately.

8. Account deletion

You have the right to request access to and rectification or erasure of your personal data processed by Arise. If a request for rectification concerns data that is necessary for Arise to offer the Services, such requests will have the effect that your account will be terminated at Arise.

If you wish to exercise this right, please contact us at https://aricoach.com/contact or support@aricoach.com. An application shall be made in writing and must be signed by you. Coming soon, you will soon be able to rectify your personal data by deleting your account in the Settings page.

9. Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

10. Transfer of Data

Personal data collected from you may be shared with third-party providers of Arise that process personal data on behalf of Arise; such as server hosting providers, data storage providers, companies carrying out system and sales performance monitoring, customer support systems, and payment service providers. These service providers will be considered processors of your personal data.

At times, some of your personal data by may be transferred and processed to processors, as described above, that are established in the United States or other countries (some of which will be outside the EEA). Arise will always apply safeguards to protect your personal data from unauthorized disclosure. We may also transfer your personal data in the event that our business (or part of it) is sold, for instance, as part of a merger or acquisition. In case of transfer of data to third parties that are outside of the EU or EEA and that do not offer an adequate level of data protection, Arise will apply the EU Commission’s model clauses and/or binding corporate rules, or similar instruments/mechanism, for the safeguarding of integrity and security.

In no event does Arise transfer personal data to third parties with the right for such parties to use the data other than on behalf of Arise.

Arise may further disclose your personal data in order to comply with a legal or regulatory obligation if we reasonably believe that this is required by law, regulation, or other legislation, or in order to protect and defend Arise, our business partners, or users’ rights and interests, subject always to relevant applicable personal data regulation.

11. Security of the personal data we process

The security and integrity of your personal data are important to us. In addition to complying with applicable relevant personal data regulation, we use accepted industry standards, technologies, and procedures such as firewalls, security software, etc., in order to protect the integrity of your personal data and to prevent any unauthorized access. However, no system can be 100% secure, and despite our efforts, there is always a risk of unauthorized access to your personal data. By using our Services, you assume this risk. We also urge you to use a unique and strong password for your user account on the Arise services as well as to protect such password. You should further limit access to your computer and browser and log out after having used the Arise Services.

Contact Us
If you have any questions about our Privacy Policy, please contact us at hi@aricoach.com

California Privacy Rights

Last updated: January 31, 2022

If you are a resident of the State of California, the California Civil Code provides you with some additional rights beyond those specified above. California’s Civil Code section 1798.100, et seq.provides residents of California the “right to know,” the “right to delete,” and the “right to opt-out.”

 

RIGHT TO KNOW

You may request that Arise provide you the specific pieces of personal information that Arise has about you, categories of personal information we have collected about you, categories of sources from which the personal information is collected, categories of personal information that Arise sold or disclosed for a business purpose about you, categories of third parties to whom the personal information was sold or disclosed for a business purpose, and the business or commercial purpose for collecting or selling personal information. Please note that much of the information you can make a request for is already contained in this Privacy Policy.

Should you wish to exercise this right, please see the section below which explains how to do so. If you do not have an account with Arise, we may ask for some personal information in order to verify your identity and your rights to the data subject to your request. This is because Arise is prohibited from disclosing specific pieces of personal information pursuant to a request under this section if we have not verified that the individual requesting the information is the individual to whom the information relates. As a consequence, we will match your identifying and authenticating information you provide as part of your request to the information we have in our databases to make sure we provide only you with your information.

RIGHT TO DELETE

California law gives residents a limited right to request deletion of their personal information. However, this right is limited by a number of exceptions. Fundamentally, if Arise has a permissible need to retain personal information, we are not under an obligation to delete such information, even when requested. Generally, we retain personal information so we may complete the transaction for which the personal information was collected; provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with Arise; comply with a legal obligation; or otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided the information. As such, we generally do not accept requests to delete personal information. However, we will respond to requests to remove personal information from some of our systems as part of a request to close or otherwise disable a membership account. If you would like to request deletion of personal information, please see the section below which explains how to do so. If you do not have an account with Arise, we may ask for some personal information in order to verify your identity and your rights to the data subject to your request.

RIGHT TO OPT-OUT OF SALE

Arise does not sell your Personal Information to third parties, and as such, there is no need for you to opt-out of the sale of your personal information.

DESIGNATING AN AUTHORIZED AGENT

California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights.” Note that If you do not have an account with Arise, we may ask for some personal information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient personal information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their personal information to us for the purpose of acting as your agent.

NON-DISCRIMINATION

California law does not permit Arise to discriminate against you because you exercised any your rights under this title, including, but not limited to, by denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

EXERCISING CALIFORNIA PRIVACY RIGHTS

If you are a California resident and would like to exercise any of your rights, you may do so by emailing us at https://aricoach.com/contact or support@aricoach.com, or leaving a message by calling +1 (949) 864 6803.

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