By using Our Website, You agree to these Terms and Conditions. We reserve the right, in Our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after We post any changes to these Terms, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to these Terms, You should not use Our Website and, if applicable, You should arrange to cancel Your registered user account and/or subscription with us.
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE.
A. “BioStak” is a trademark of BioFit Coaching LLC, and also refers to proprietary supplement and Personal Training programs created by and exclusively owned by BioFit Coaching LLC. As used herein, references to “BioStak” as a party means and refers to BioFit Coaching LLC and its owner(s), parent company(ies), affiliate entities, employees, and assigns, and vice versa.
B. “Member” refers to a person who has acquired a BioStak membership subscription, either product or coaching. “Membership” refers to a Member’s BioStak subscription to any product and/or coaching.
C. “Parties” mean BioFit Coaching LLC and You. BioFit Coaching LLC and You are each a “Party.”
D. “Terms” mean and refer to the Terms and Conditions set forth herein.
E. “Trainer” means and refers to the BioFit Coaching LLC employee, agent, or contractor who will assist You with Your fitness goals, as further defined herein.
F. “We,” “Us,” and “Our” mean and refer to BioFit Coaching LLC.
G. “Website” means and refers to this and any other website operated by BioFit Coaching LLC.
H. “You” and “Your” means the Member who has executed this Agreement by acquiring a membership subscription.
By registering to use the Website, or procuring a Membership, You represent that You have reached the age of majority where You Live. You further represent that that You have the Legal capacity to accept these Terms, and to use the Website in accordance with these Terms.
BioStak Membership and Subscription
BioStak can change any paid-for Membership subscription price detailed on the Website or in any pre-contract information (including these Terms), at any time. Prices charged will be those confirmed to You at the time You submit Your application for Membership. When you enroll in our subscription program for any BioStak or BioFit Coaching product, you are agreeing to pay the set-forth amount shown when you submit your order (i.e. submit your application for Membership) every 30 days until cancellation. BioFit Coaching in turn will ship out the amount of product specified in the Membership every 30 days. We may make offers for Trial Membership to new subscribers at any time. Where We offer You a Free Experience Membership of BioStak ("Free Experience Membership"), such Free Experience Membership will start immediately and will run for the term specified after Your application to register with BioStak has been accepted by BioStak and continue for the Free Experience Membership offer period as indicated on the Website. Free Experience Memberships are only available to new Membership subscribers of BioStak and for the Limited periods as set out on the Website. Previous Membership subscribers or those subscribers who have already benefited from a Free Experience Membership subscription to BioStak do not qualify for a further Free Experience Membership.
If You do not want to continue Your subscription after Your Free Experience Membership comes to an end. You must contact Us at least 24 hours before Your Free Experience Membership period ends by submitting a cancellation request to Us via Our support email address, otherwise Your subscription will automatically continue and You will be charged the full BioStak monthly Membership Subscription rate. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.
If You wish to cancel Your BioStak Membership subscription at any time after a Free Experience Membership or discounted periods as set out in these terms. You must give Us the following notice by submitting a cancellation request to Us via Our support email address to cancel Your subscription. For monthly Membership subscriptions, We require at least twenty four (24) hours’ notice of cancellation. For annual Membership subscriptions, We require at least thirty (30) days notice of cancellation. Our support team will then direct You in the steps necessary to cancel Your membership on Our Website.
A Member is responsible for paying all sums due to BioStak in connection with their Membership in accordance with these Terms. The first Membership fee payable in accordance with these terms is due when the Membership account is setup and payment of the Membership subscription fee is a condition of Membership. Every calendar month (or calendar year depending on the type of subscription applied for) Your Membership account will be charged the subscription fee for the following months (or year's) subscription, together with any other fees for the following months subscription (for example, proposed additional personal training costs) plus any accumulated charges for the past month (for example. for additional personal training costs incurred in the previous calendar month) ("Fees"). Failure by the Member to use any of the services available for a Member through its subscription to BioStak does not relieve the Member of his/her payment obligations under these Terms. Potential registrants and/or Members can pay by Credit Card or Debit Card. Payment details, together with details of the subscription package applied for, shall be collected by Us through Our secure financial data collection mechanism, which transfers the details of the potential registrant and/or Member's financial data (as well as subscription package data) to Stripe’s online payment system for processing. You acknowledge that We hold data regarding the subscription package that is being signed up for by the Member, including the last four digits and the expiry date of the card used to purchase the subscription package together with details on when payment of Fees are due. The Member further acknowledges and agrees that by sending a request for a specific subscription package, that payments for Fees are due on a recurring basis in accordance with that specific subscription package (unless the subscription is cancelled in accordance with these Terms) and therefore authorizes the continual payment collection terms applicable to that specific subscription package (e.g. on a monthly basis and for a specific amount). You specifically authorize Stripe to collect payment for Fees from the Member's Credit Card or Debit Card provided to Stripe and to forward payment of the Fees to us.
You agree that You will NOT send credit card details to BioStak directly and that ALL credit card transactions shall be processed through Stripe via the Website. BioStak cannot be held responsible for the security of, or the misuse of, credit card or other personal information. Members should be aware that further terms and conditions required by Stripe may apply, and can be found at www.Stripe.com. BioStak reserves the right to immediately terminate a Member's account and/or service for any unpaid (in whole or part) period of Membership subscription (with or without notice). Termination of service in no ways relieves or excuses the Member from any obligation to pay outstanding charges or expenses. In the event BioStak starts collection processes of any type, You will be Liable for all collection costs, including Legal fees and expenses.
In addition to any Fees, BioStak may also charge applicable value added or other tax.
You have Our permission to electronically copy and print hard copies of pages from this web site for Your personal use only, and only to the extent necessary to place an order or shop with us. Any commercial use of such copies is strictly prohibited. Unless We give You written permission in advance, any other use of any Website, its content and its information, including Linking or framing to any Website, is strictly prohibited.
All aspects of Our Website is protected by USA and international copyright and trademark laws, including all design elements, text material. logos, taglines, and metatags. hashtags, photographic images, personal stories, BioStak icons, video and audio clips, downloads. No material on any Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The BioStak trademark and logo are proprietary marks of BioStak, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by BioStak
User Communication/Authorization to use Photographs
BioStak is pleased to hear from users and welcomes Your comments regarding Our services. You alone are responsible for any communication, message, and/or other content that You post. upload. submit. transmit or share with BioStak on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively 'User Communications').By transmitting or posting any User Communications. You represent and warrant that such User Communications are Your own original work and will not infringe or violate any copyright. trademark. trade secret. rights of privacy, rights of publicity or any other applicable laws. BioStak does not endorse or sponsor any User Communications submitted by You or other Members.
You grant BioStak permission to use any and all photographs taken by BioStak or its agents or employees, or submitted by You to BioStak (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of BioStak or any product or service sold and marketed by BioStak. You agree that this authorization to use Photographs may be assigned by BioStak to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in BioStak’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against BioStak in exchange for this Release and Assignment. You hereby release and forever discharge BioStak from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
BioStak reserves the right to terminate any Member's Membership and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the Member.
No Medical Advice Provided
The content on this Website and any information (including but not Limited to: newsletters, social media, images, emails, online chats, and telephone calls, herein referred to as 'information') provided by BioStak. is provided for informational purposes only, and is not intended to be a substitute for professional medical advice.
This dietary program is not intended for use by children under the age of 18. The dietary needs of minor children are different than adults. You should consult Your physician or other qualified health provider before beginning this or any other dietary program. At any time You have questions regarding a medical condition, You should seek the advice of Your physician or other qualified health care provider.
None of the contents of this Website or any information provided by BioStak are intended to be relied upon for medical advice, treatment or diagnosis. Any opinions expressed on this Website or any information provided by BioStak, are solely the opinions of the authors. BioStak, their affiliated companies nor any of their employees assumes any liability for the contents of any materials provided on the Website or any information provided by BioStak. Reliance upon any opinion or advice provided on the Website, via telephone, online chat. or emails at Your own risk.
Food Allergy Disclaimer
BioStak makes every attempt to provide accurate nutrition and ingredient information for every product on Our menu. We take food safety very seriously: however, there is always a risk of cross-contamination. There is also a possibility that manufacturers of the commercial foods We use could change the formulation at any time, without notice.
Please be aware that Our facility handles nuts and foods that may contain nuts or nut oils.
Customers concerned with food allergies need to be aware of these risks and understand that the consumption of foods provided by BioStak is at their own risk.
The Trainer will use his/her skills and knowledge to design a safe program of exercise that will take into account Your Lifestyle, personal goals, fitness level, and medical history. The Trainer will provide coaching, supervision, advice and support to assist You in achieving Your goals. You understand that the results of any fitness program cannot be guaranteed by BioStak or the Trainer, and that Your progress depends on Your individual effort. Accordingly, individual results may vary.
You must commit to Your training program 100% to achieve Your goals. You are required to arrive on time for sessions with Your Trainer. You are required to wear appropriate clothing and footwear. Your Trainer may require a Letter of 'medical clearance' from Your physician, and Your physician may charge You for providing that Letter. You understand and agree that it is Your responsibility to inform the Trainer of any conditions or changes to Your health, now and on-going, which may affect Your ability to exercise safely and with minimal risk of injury. If Your Trainer requires further medical information from a practitioner. You must provide such information.
Links to Other Websites
This Site may contain links to other websites. BioStak assumes no responsibility for the content or functionality of any non- BioStak website to which We provide a link.
THE MATERIALS ON THIS WEBSITE ARE PROVIDED 'AS IS" WITHOUT WARRANTIES OF ANY KIND. EITHER EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION. WARRANTIES OF TITLE. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL LPROPERTY. BIOSTAK SUPPLEMENT EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS WEBSITE. YOUR USE OF ANY WEBSITE IS AT YOUR SOLE RISK, AND YOU ASSUME FULL RESPONSIBILITY FOR ANY COSTS ASSOCIATED WITH YOUR USE OF THIS WEBSITE. BIOSTAK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF ANY WEBSITE.
BioStak will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of BioStak. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. BioStak shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
Limitation of Liability
YOU UNDERSTAND THAT THERE ARE INHERENT RISKS IN PARTICIPATING IN A PROGRAM OF STRENUOUS EXERCISE. IF YOU SUSTAIN OR CLAIM TO SUSTAIN ANY INJURY WHILE PARTICIPATING IN TRAINING, YOU ACKNOWLEDGE THAT BIOSTAK IS NOT RESPONSIBLE, AND THE TRAINER IS ALSO NOT RESPONSIBLE, EXCEPT WHERE THE INJURY WAS CAUSED BY THE TRAINER’S GROSS NEGLIGENCE. YOU AGREE THAT NEITHER BIOSTAK NOR YOUR TRAINER WILL BE HELD LIABLE IN ANY WAY FOR INJURIES RELATED TO UNDECLARED OR UNKNOWN MEDICAL CONDITIONS. YOU AGREE THAT IN NO EVENT SHALL BIOSTAK’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO BIOSTAK FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST BIOSTAK OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
You agree to protect, defend, indemnify and hold harmless BioStak, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against BioStak for liability for payments for, damages caused by, or other liability relating to, You.
Assignment of Rights
BioStak may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without BioStak’ express written consent.
If You have any questions or complaints concerning any of the Terms, You may contact BioStak by e-mail at firstname.lastname@example.org, or by regular mail at 212 East State Road 73, Ste 204, Saratoga Springs, UT 84043.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Digital Millennium Copyright Act
If You believe that materials or content available on any BioStak Website infringes any copyright You own, You or Your agent may send BioStak a notice requesting that BioStak remove the materials or content from the BioStak Website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send BioStak a counter-notice. Notices and counter-notices should be sent to BioStak, Attention Legal Department, at 212 East State Road 73, Ste 204 Saratoga Springs, UT 84043, or by e-mail to email@example.com.
Arbitration, Governing Law, and Attorneys’ Fees
Any claim or grievance of any kind, nature or description that You have against BioStak including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Utah County, Utah. You agree not to file suit against BioStak or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and BioStak. In the event that You and BioStak are unable to reach agreement on an Arbitrator, You and BioStak will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Utah County, Utah. The arbitrators selected by You and BioStak will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and BioStak and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Utah without regard to any choice of law provisions.
You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against BioStak to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against BioStak may not be joined or consolidated with claims brought by anyone else.
Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
Nothing in this Agreement prevents BioStak from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect BioStak’s rights prior to, during, or following any arbitration proceeding.
You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or BioStak commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by BioStak of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, MP3 player, or other tangible product) from BioFit Coaching sold under any of its brands or related brands, including without limitation BioStak, you may receive a limited refund if you comply with the following conditions:
1. You must request a refund in writing by contacting firstname.lastname@example.org;
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to BioFit Coaching immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to BioFit Coaching in like-new, or re-sellable condition, as determined in BioFit Coaching’s sole, reasonable discretion.
XI. Information; Registration; User Names and Passwords
As a BioStak User, You may be required to create an account with BioStak Supplement. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your BioStak User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, BioStak under Your User Account. You agree to immediately notify BioFit Coaching of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that BioFit Coaching is not liable, and You will hold BioFit Coaching harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XIII. Prohibited Activity
BioFit Coaching has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to BioStak’s reputation; and the violation of the rights of BioFit Coaching or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to BioStak’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
XIV. Message Sending Policy and Best Practices
BioFit Coaching requires You to follow these best practices when sending electronic communications using our services:
Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
Include in each electronic communication Your valid physical mailing address or a link to that information.
Do not send electronic communications to addresses obtained from purchased or rented lists.
Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
Do not send to lists of addresses that are programmatically generated or scraped from the Web.
Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.
Do not use our services to send messages that may be considered junk mail. Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.
COMPLIANCE WITH LAW. Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by BioFit Coaching, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
XV. Changes to Terms
BioFit Coaching reserves the right to change these Terms, in whole or in part, from time to time at BioFit Coaching’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.BioStak.com/terms. By Your continued use of BioFit Coaching’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
Any notice required to be given to BioFit Coaching under or related to these Terms must be in writing, addressed as follows:
BioFit Coaching LLC
212 East State Road 73, Suite 204
Saratoga Springs, UT 84043
General Support and Inquiries: email@example.com
Spam or Abuse: firstname.lastname@example.org
Affiliate Partners: email@example.com
Notices to You may be made by posting a notice (or a link to a notice) on https://www.biostak.com, https://www.biofitcoaching.com, by e-mail, by Facebook or other social media, or by regular mail, at BioFit Coaching’s discretion.