YOUR PRIVACY IS IMPORTANT

I am totally committed to protecting the privacy of my site visitors and customers, I fully appreciate and respect the importance of privacy on the Internet. I will not disclose information about my customers to third parties except where it is part of providing a service to you - e.g. arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research and profiling or where we have your express permission to do so.

YOUR CONSENT

I will not sell your name, address, e-mail address, credit card information or personal information to any third party (excluding partners from whom you may have linked to my site) without your permission.

COMMUNICATION & MARKETING

If you have made a purchase from my store I may occasionally update you on our latest products, news and special offers via email. All of my customers have the option to opt-out of receiving marketing communications from me and/or selected third parties. If you do not wish to continue to receive marketing from me and/or selected third parties on checkout.

COOKIES

A cookie is a small information file that is sent to your computer and is stored on your hard drive. If you have registered with me then your computer will store an identifying cookie which will save you time each time you re-visit our site, by remembering your email address for you. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.

GOOGLE REMARKETING

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to my site. It could mean that I advertise to previous visitors who haven’t completed a task on my site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to my site. Of course, any data collected will be used in accordance with my own privacy policy and Google’s privacy policy.

You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

THIRD PARTY SITES

My site may contain links to and from the websites of my partner networks, advertisers and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that I do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHECKING YOUR DETAILS

If you wish to verify the details you have submitted to me you may do so by contacting me via the e-mail address given below. My security procedures mean that I may request proof of identity before I reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which I take in response to a request from someone using your e-mail and password. I would strongly recommend that you do not use the browser's password memory function as that would permit other people using your terminal to access your personal information.

CONTACTING ME

I am always pleased to hear from my customers (even if it is a complaint!). I am always grateful for any time you spend providing me with the knowledge I need to ensure my customers are completely satisfied. I want you to return to the site and to recommend me to your friends and family. If you have any questions or feedback about this statement, or if you would like me to stop processing your information, please do not hesitate to contact me at  [email protected]

Terms and Conditions

Last Updated September 29, 2024

Hamara Fitness, LLC (“Hamara Fitness,” “we,” “our,” or “us”) provides our services (described below) and related content through the website located at https://www.app.hamarafitness.com/ (collectively, the “Platform”). Your access and use of the Platform, any part thereof, or anything associated therewith, including its content (“Content”), any products or services provided through the Platform or otherwise by Hamara Fitness, and any affiliated website, software, or application owned or operated by Hamara Fitness (collectively, including the Platform, related technologies, and the Content, the “Service”) are governed by these Terms and Conditions (this “Agreement”). Although accessible by others, the Service is intended for access and use only by U.S. customers. In this Agreement, the terms “you” and “your” refer to the person using the Service.

By purchasing a product from Hamara Fitness, checking a box or button to signify your acceptance of this Agreement, using any other acceptance protocol presented through the Service or otherwise affirmatively accepting this Agreement, you acknowledge that you have read, accepted, and agreed to be bound by this Agreement. If you do not agree to this Agreement, do not create an account or use the Service. 

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST HAMARA FITNESS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. 

Registration; User Accounts, Passwords, and Security

You are obligated to register and set up an account in the Platform in order to access and use certain features of the Service. To register for the Service you will need to provide certain information about yourself (e.g., name, a copy of your government-issued photo ID card, credit card and payment information and answers to medical-related questions), and the Service is available only to Users (as defined below) who have registered and have been granted accounts with usernames and passwords. You agree to provide and maintain true, accurate, current and complete information about yourself. If you do not keep such information current, or fail to submit truthful, accurate and complete information, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and your use of the Service. You also agree to immediately notify Hamara Fitness of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Service by emailing Hamara Fitness at [email protected]. In addition, you agree to keep confidential your username and password and to exit from your User account at the end of each session. Hamara Fitness explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section. You may not use anyone else’s account at any time.

When establishing an account, you will be required to provide an email address and password that will be used as your login for your account. To help protect the privacy of data you transmit through the Service, where personally identifiable information is requested, we also use technology designed to encrypt the information that you input before it is sent to us using Secure Sockets Layer (SSL) technology or similar encryption technology. In addition, we take steps to protect the User data we collect against unauthorized access. However, you should keep in mind that the Service and our services are run on software, hardware, and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. In addition, persons with access to your computer, phone, or other mobile or other devices may be able to access the Service and information about you, including medical information, contained in the Service. It is your responsibility to affirmatively logout from your account when you are not actively using it. It is also your responsibility to secure and prevent unauthorized physical access to your computer, phone and other devices, and to protect the confidentiality of your username and password.

You must exercise caution, good sense, and sound judgment in using the Service. You are prohibited from violating, or attempting to violate, the security of the Service. Any such violations may result in criminal and/or civil penalties against you. Hamara Fitness may investigate any alleged or suspected violations and if a criminal violation is suspected, Hamara Fitness may cooperate with law enforcement agencies in their investigations.

Hamara Fitness reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Hamara Fitness will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into this Agreement.

Your Relationship With Us

We are a technology-driven service that makes available to individuals who register as users of the Service (“Users”) certain products and services sold or offered by Hamara Fitness. Our Service provides you with a means of accessing fitness coaching through the Platform . 

Subscription Products

Certain products available for purchase through the Service require that you purchase the product on a subscription basis. For subscription-based products, your payment device will be automatically charged at regular intervals as described for that product during the checkout process. You may cancel a subscription at any time up to forty-eight (48) hours before the applicable monthly processing date of your subscription by emailing [email protected].

Fees; Payment Processor; Refunds; Cancellations

To the extent the Service or any portion thereof is made available for any fee, or if you decide to purchase a product through the Service, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Hamara Fitness that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Hamara Fitness or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Hamara Fitness the amount that is incurred in accordance with the payment plan for your subscription to the Service and in connection with any products you purchase through the Service. The current pricing for subscriptions to the Service and the products available for purchase through the Service (including shipping and handling costs) is available at app.hamarafitness.com (the “Pricing Page”), which is hereby incorporated by reference. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Hamara Fitness (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must let Hamara Fitness know within sixty (60) days after the date that Hamara Fitness charges you. You will be responsible for all taxes associated with the Service, other than taxes based on Hamara Fitness’s net income. 

We reserve the right to change the prices for the Service, including subscription products. If Hamara Fitness does change prices, Hamara Fitness will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Hamara Fitness’s option, at least seven (7) days before the change is to take effect. Any fee changes will also be reflected on the Pricing Page once they take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

All products offered for sale by Hamara Fitness are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. We reserve the right to remedy User issues and concerns on a case–by-case basis. We reserve the right, in our sole discretion, to resolve customer issues and concerns based on the facts and circumstances of each User.

All payments made by you with respect to your subscription to the Service and any products you order through the Service are fully refundable within fourteen (14) days of the subscription start date, unless otherwise determined by Hamara Fitness. You may cancel your subscription to the Service online by emailing us at [email protected]. However if you have purchased a program during a promotional period and have redeemed that promotion (e.g. supplements, clothing, headphones) you are not eligible for a refund. 

Notwithstanding any amounts owed to Hamara Fitness hereunder, Hamara Fitness DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe a third-party payment processor (“Payment Processor”). These payment processing services are provided by the applicable Payment Processor’s terms and conditions, privacy policy, and all other relevant agreements (collectively, the “Payment Processor Agreements”). By agreeing to this Agreement, users that use the payment functions of the Service also agree to be bound by the Payment Processor Agreement for the payment function the user is using, as the same may be modified by the Payment Processor from time to time. You hereby authorize the Payment Processor to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact the Payment Processor for more information. Hamara Fitness assumes no liability or responsibility for any payments you make through the Service. 

Limited Use and Availability

Our Service is currently available to individuals worldwide, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the Service, and (c) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

Certain products available through the Service may be subject to additional age restrictions, and not all products or services on our Platform may be available to all ages.

Privacy Policy

Hamara Fitness understands the importance of confidentiality and privacy regarding your personal information. Please see our Privacy Policy for a description of how we may collect, use and disclose your personal information.

Protected Information

When you set up an account with Hamara Fitness, you are creating a direct customer relationship with Hamara Fitness that enables you to access and/or utilize the various functions of the Service as a user. As part of that relationship, you provide information to Hamara Fitness, including but not limited to your name, email address shipping address and phone number, that we may collect, use and disclose in accordance with our Privacy Policy.

Use and Ownership of the Service

Service and the information and Content available through the Service are protected by copyright laws throughout the world. Subject to your compliance with this Agreement, Hamara Fitness grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Service solely for your personal use. Unless otherwise specified by Hamara Fitness in a separate license, your right to use any of the Service or the Content is subject to this Agreement and all rights in the Service and Content are reserved by Hamara Fitness. You agree that Hamara Fitness and its suppliers own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, photographs, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Hamara Fitness’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with the Service are the trademarks of Hamara Fitness and may not be used without permission, including in connection with any Third-Party Goods and Services (as defined below). Nothing in this Agreement or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hamara Fitness’s trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Hamara Fitness’s trademarks will inure to its exclusive benefit. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

License to Information Submitted via the Service

Subject to any limitations on PHI described below, any information you transmit to Hamara Fitness via the Service, whether by direct entry, submission, email or otherwise, including data, questions, comments, forum communications, or suggestions (collectively, “Submissions”), will, to the extent permitted under applicable law, be treated as non-confidential and non-proprietary. Subject to any applicable account settings that you select, you hereby grant Hamara Fitness a fully paid-up, transferable, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable (directly and indirectly through multiple tiers) right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Submissions (in whole or in part) for the purposes of operating, providing and improving the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You represent and warrant that you own all right, title and interest in and to such Submission, including all copyrights and rights of publicity contained therein. You agree that you, not Hamara Fitness, are responsible for all of Submissions that you provide to the Service. In addition to the foregoing, Hamara Fitness will have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that Hamara Fitness deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you will have no right of approval and no claim to compensation in connection with the Submission. 

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials that you make available to Hamara Fitness, including by uploading, posting, publishing, or displaying via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). You represent and warrant that you own all right, title and interest in and to such User Content, including all copyrights and rights of publicity contained therein. You hereby grant Hamara Fitness and its affiliated companies, successors, and assigns a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable (directly and indirectly through multiple tiers), perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service and the promotion, advertising or marketing of the foregoing in any form, medium or technology now known or later developed. You assume all risk associated with your User Content and the transmission of your User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your User Content.

You hereby authorize Hamara Fitness and its third-party service providers to derive statistical and usage data relating to your use of the Service (“Usage Data”). Hamara Fitness may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Prohibited Use

Any use or attempted use of the Service (i) for any unlawful, unauthorized, fraudulent or malicious purpose, (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, (iii) that could interfere with any other party’s use and enjoyment of the Service, (iv) to gain unauthorized access to any other accounts, computer systems, or networks connected to any server or systems through hacking, password mining or any other means, (v) to access systems, data, or information not intended by Hamara Fitness to be made accessible to a user, (vi) to obtain any materials, or information through any means not intentionally made available by Hamara Fitness, (vii) to reverse engineer, disassemble or decompile any section or technology on the Service, or (viii) for any use other than the business purpose for which it was intended, is prohibited.

In addition, in connection with your use of the Service, you agree you will not: (a) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or that may invade another’s right of privacy or publicity; (b) create a false identity or duplicative accounts for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Hamara Fitness representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements); (d) upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, spyware or any other similar software or programs that may damage the operation of another’s computer or property of another; (e) delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (f) use the Service’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); (g) upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “phishing” or any other form of solicitation, commercial or otherwise; (h) violate any applicable local, state, national or international law or regulation; (i) upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party; (j) upload any content that poses or creates a privacy or security risk to any person; (k) delete or revise any material posted by any other person or entity; (l) manipulate or otherwise display the Service by using framing, mirroring or similar navigational technology; (m) probe, scan, test the vulnerability of or breach the authentication measures of, the Service or any related networks or systems; (n) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so; (o) harvest or otherwise collect information about others, including email addresses; (p) use any robot, spider, scraper, or other automated or manual means to access the Service, or copy, download, distribute or reproduce any content or information on the Service; (q) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (r) solicit personal information from anyone under the age of 18; (s) obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service; (t) circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Service, including through the use of virtual private networks; (u) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods or (v) assist or permit any person in engaging in any of the foregoing activities.

Hamara Fitness reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of a User’s access and/or account. Hamara Fitness may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Except as may be provided in our Privacy Policy or prohibited by applicable law, Hamara Fitness reserves the right at all times to disclose any information as Hamara Fitness deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hamara Fitness’s sole discretion.

Right to Monitor

Hamara Fitness reserves the right to monitor general use of the Service at any time as it deems appropriate and to remove any materials that, in Hamara Fitness’s sole discretion, may be illegal, may subject Hamara Fitness to liability, may violate this Agreement, or are, in the sole discretion of Hamara Fitness, inconsistent with Hamara Fitness’s purpose for the Service.

Term; Termination

The term of this Agreement will commence upon your acceptance of this Agreement and continue for as long as you have a valid subscription to the Service and this Agreement is in effect. The Service is continually under development, and we reserve the right to revise or remove any part of the Service or amend this Agreement in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon posting to the Platform and will indicate at the top of this page the date this Agreement was last revised. Unless otherwise indicated, any new Content added to the Service is also subject to this Agreement upon posting to the Platform. If you disagree with this Agreement, your sole remedy is to discontinue your use of the Service. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. 

Hamara Fitness may terminate your use of the Service or any of our features or services at any time and for any reason without notice, including, for example, for conduct violating this Agreement, or if we discontinue the Service. The provisions of this Agreement concerning Service security, prohibited activities, copyrights, trademarks, user submissions and user content, disclaimers, limitation of liability, arbitration and resolution of disputes, indemnity and jurisdictional issues will survive any such termination or any other termination of this Agreement or your relationship with Hamara Fitness. You agree that if your use of the Service is terminated pursuant to this Agreement, you will not attempt to use the Service under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold all Hamara Fitness Parties harmless from any and all liability that any such Hamara Fitness Parties may incur with respect thereto.

Except as otherwise provided in the Privacy Policy or as required by applicable law (including any obligation to provide access to health records), we have no obligation, whether before or after the termination of your use of the Service, to return or otherwise provide to you or any third party on your behalf any Content, any information you provide to us, or any other information that we may have that relates to you.

Disclaimers

Content and other information contained on the Service is provided by Hamara Fitness as a convenience. Users relying on Content or other information from the Service do so at their own risk.

THE SERVICE AND ANY PRODUCTS, SERVICES, AND INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. ANY ACCESS TO OR USE OF THE SERVICE IS VOLUNTARY AND AT THE SOLE RISK OF THE USER. HAMARA FITNESS AND EACH THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PARTICULAR PURPOSE WITH REGARD TO THE SERVICE, AND WITH RESPECT TO ANY INFORMATION, CONTENT, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SERVICE OR THE PLATFORM. HAMARA FITNESS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OR USEFULNESS OF THE SERVICE. HAMARA FITNESS DOES NOT WARRANT THAT THE SERVICE WILL FUNCTION WITHOUT DELAYS, DISRUPTIONS, INTERFERENCES, IMPERFECTIONS, CORRUPTION, CYBER ATTACK, VIRUSES, MALWARE, OR ANY ADVERSE INCIDENT; THE RESULTS THAT MAY BE OBTAINED FROM THE USER OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR THAT THE SAME WILL PROVIDE ACCURATE OR RELIABLE RESULTS.

AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT HAMARA FITNESS DOES NOT PROVIDE ANY MEDICAL SERVICES OR ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SERVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SERVICE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.

HAMARA FITNESS IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS, OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU ACCESS THROUGH THE SERVICE.

The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - [More Information]

The ingredients used in our meal plans are based on the following food databases,

1. The Food and Nutrition Database for Dietary Studies (FNDDS) - [Reference]

2. The USDA National Nutrient Database for Standard Reference (SR) - [Reference]

The Service is not a substitute for direct, personal, professional medical care and diagnosis. None of the meal plans or exercise programs should be performed or otherwise used without clearance from your physician or health care provider first. The information contained within is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or company and should not be relied upon in that regard. We are not medical professionals and nothing on this website should be misconstrued to mean otherwise.

There may be risks associated with participating in activities mentioned on the Platform for people in poor health or with pre-existing physical or mental health conditions. Because these risks exist, you will not participate in any meal plans available on the Platform if you are in poor health or have a pre-existing mental or physical condition. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such dietary activities. These risks may also exist for those who are currently in good health right now.

As with any exercise program you assume certain risks to your health and safety. Any form of exercise program can cause injuries, and our programs are no exception. It is possible that you may become injured doing the exercises in your program, especially if they are done with poor form. Although thorough instruction is included for each exercise.

Be aware that our programs (like any other exercise program) do involve a risk of injury. If you choose to participate in these risks, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such exercise activities. These risks may also exist for those who are currently in good health right now.

We are not medical practitioners. Our advice, whether it be on the Platform, in our meal plans, exercise programs or via email coaching, is not meant as a substitute for medical advice. You must consult your doctor before beginning ANY meal plan or exercise program, no exceptions. You are using our plans, program's, workouts and coaching at your own risk and I am not responsible for any injuries or health problems you may experience or even death as a result of using our programs.

It is to be made clear that I am not responsible for any injuries or health problems you may experience or even death as a result of using any of our products or services.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE HAMARA FITNESS PARTIES OR ANY THIRD PARTY OFFERING PRODUCTS OR SERVICES THROUGH THE SERVICE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND CONSEQUENTIAL DAMAGES, PERSONAL OR BODILY INJURY, EMOTIONAL DISTRESS, OR WRONGFUL DEATH, LOSS OF DATA, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING ANY PRODUCTS, SERVICES, INFORMATION AND CONTENT MADE AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR MALPRACTICE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HAMARA FITNESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE HAMARA FITNESS PARTIES WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $1,000.

ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM, SERVICE OR CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, SERVICE OR CONTENT IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE PLATFORM, SERVICE OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE. 

IF YOU ARE LOCATED IN NEW JERSEY, THE FOREGOING DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

Indemnification

You agree to defend, indemnify, and hold harmless the Hamara Fitness Parties and any Third Party offering products or services through the Service from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, attorneys’ fees and litigation expenses) relating to or arising from your use of the Service, any User Content, your use of any Third-Party Goods and Services, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third-party for which we are entitled to indemnification, and you agree to provide us with such cooperation as is reasonably requested by us. You will not settle or compromise any such claim without Hamara Fitness’s prior written consent.

Notices

Any notices to you from Hamara Fitness regarding the Service or this Agreement may be made by email, a posted notice on the Service, or regular mail, in the sole discretion of Hamara Fitness.

Electronic Communications

By providing your email address on our website without creating an account, you agree to receive reminder emails from us. These emails will solely serve as a prompt for you to complete the account creation process. The reminder emails will not contain any PHI. Additionally, please be aware that we may have access to information about the path you took on our website (e.g., the specific medication page you clicked through) before entering your email address. You have the option to opt out of receiving these reminder emails at any time by clicking the ‘unsubscribe’ link included in the emails.

When you access or use the Service or send emails to us, you are communicating with us. You consent to receive communications from us electronically. We will communicate with you via email or through the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Entire Agreement

This Agreement and any other agreements Hamara Fitness may post on the Service constitute the entire agreement between Hamara Fitness and you in connection with your use of the Service and supersede any prior agreements between Hamara Fitness and you regarding use of the Service, including prior versions of this Agreement.

Dispute Resolution By Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

a. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in this Agreement as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Hamara Fitness, whether arising out of or relating to this Agreement (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Hamara Fitness are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND HAMARA FITNESS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HAMARA FITNESS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION. 

c. Pre-Arbitration Dispute Resolution. Hamara Fitness is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written notice of dispute (“Notice”). The Notice to Hamara Fitness should be sent to 8 The Green, Suite B Dover, DE 19901 ATTN: Arbitration (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Hamara Fitness and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Hamara Fitness may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Hamara Fitness or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Hamara Fitness is entitled.

d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

Unless Hamara Fitness and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Hamara Fitness agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Hamara Fitness will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Hamara Fitness will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hamara Fitness will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.

f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of this Agreement will continue to apply.

h. Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Hamara Fitness agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Hamara Fitness written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).

Governing Law; Venue; Severability of Provisions

This Service is controlled and operated by Hamara Fitness from our offices within New York. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. Access to the Service from jurisdictions where the contents of the Service are illegal or penalized is prohibited.

The validity, interpretation, construction and performance of this Agreement will be governed by the Federal Arbitration Act and the laws of the State of New York, without regard to any conflicts of law provisions.

All parts of this Agreement apply to the maximum extent permitted by law. Our failure to enforce any provision of this Agreement will not constitute a waiver of such right. We both agree that if we cannot enforce a part of this Agreement as written, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. Except as otherwise provided in this Agreement, the invalidity of part of this Agreement will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither this Agreement, nor any Content, materials or features of the Service create any partnership, joint venture, employment, or other agency relationship between you and Hamara Fitness. You may not enter into any contract on our behalf or bind us in any way.

Assignment

You may not assign or transfer any of your rights under this Agreement, and any such attempt will be null and void. Hamara Fitness may, in its sole discretion, assign or transfer this Agreement, in whole or in part, without restriction.

Third Party Beneficiaries

Any use of third-party software provided in connection with the Service, or any third-party product or service accessed or used in connection with the Service, will be governed by the applicable Third Party’s license or terms of use, and not by this Agreement. In addition to this Agreement, your use of the Service must comply with all applicable third-party terms of agreement.

Except for the foregoing or as otherwise specifically set forth in this Agreement, including with respect to the indemnification obligations contained herein in favor of Hamara Fitness and the agreement to arbitrate, we hereby expressly agree that there is no intent by either party to create or establish third-party beneficiary status rights or their equivalent in any other referenced individual, subcontractor or third party and, except as specifically set forth in this Agreement, that no third party will have any right to enforce any right or enjoy any benefit that is created or established under this Agreement.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted (a) via email at [email protected]; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD). Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at [email protected].

U.S. Government Restricted Rights

The Service is made available to the U.S. government with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including any software) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including any software).

Contacting Us

If you have any questions or concerns about this Agreement, please contact us by email at [email protected]. We will attempt to respond to your questions or concerns promptly after we receive them.

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