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Terms of Service

Rachel Homer Fit, LLC Mobile App Terms of Use

Thank you for visiting the Rachel Homer Fit website and / or downloading our app. By accessing our website and downloading our terms of use, you agree to be bound the following terms of use, in addition to our privacy policy. We reserve the right to change these terms of use and will post the date of the latest update on this web page. You represent that you are legally able to accept these Terms of Use, and affirm that you are of legal age to form a binding contract, or have obtained parental or guardian consent to do so. If you do not agree to these Terms of Use, you may not use the app.

The Rachel Homer Fit website and mobile app is operated by Rachel Homer Fit, LLC, referred to as “We” and “Our” below. Those that access, download, and use our website or mobile app is referred to as “Users”, “You”, or “Your” below.

Exchanging Information
Certain areas of the App allow users to connect with, exchange information with, and hire services provided by others. You agree that We are not liable nor responsible for information exchanged or services rendered. You acknowledge that we are not a broker of services and all services hired through the app are your responsibility. You agree to not hold us liable for any other user’s actions or inactions.

Rules of Conduct
The App has established rules of conduct, including the below. As a user you must not:

  • Harvest, scrape, or electronically reproduce any content, using automated or not automated methods
  • Access or download videos, audio, graphics, and other content assets to bypass the app or replay or reuse the graphics in a way outside of the app
  • Attempt to access unauthorized areas of the app that you have not been granted access
    For one user to sign up for multiple accounts to bypass system security
    Upload pornographic and / or inappropriate pictures (for areas such as the profile photo, vision board, etc.)
  • Overburden the app with the intention to disrupt service
  • Provide false information (such as false names, email addresses, and other information). This includes impersonating others.
  • Restrict other users from enjoying the app
  • Engage in spamming, flame wars, trolling, chain letters, or unsolicited sales communication
  • Post any content that introduces a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal. This also includes posting content that seeks to harm or exploit children by exposing them to inappropriate content or behavior, and asking for personally identifiable details.
  • Post any content or take any action that is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful to us or any user.
  • Post copyrighted content that you do not own
  • Post any content that contains any information that you know is not correct or current.
  • Post any content or take any action that encourages criminal conduct.

We reserve the right to disable accounts, moderate, edit or remove posts and content, and block access without notice.

No Warranties
We do not claim to treat or solve physical ailments, injuries. By using the App you waive the right to file a claim against us and agree to not hold us liable for any information or advice found through this App.

We do not guarantee app uptime or availability. We also do not guarantee that information posted in the app will be available all the time or without error. We do not guarantee that the information uploaded will be completely private to you, although we will make reasonable efforts to protect your privacy.

Intellectual Property
Rachel Homer Fit, LLC owns the intellectual property rights in the content and materials displayed on the App. You may use the App and it’s content for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including electronic means) any App content unless explicitly authorized in these Terms of Use or by the owner of the materials.

Information you post privately such as in encrypted private chat messages, images, and videos are the user’s sole property. If you submit or post any materials or content to public portions of the App (for instance, leaving a review or posting a message to a forum where other users can read what you post), you grant us a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future. You represent that (i) any materials and content posted or otherwise submitted by you to the App is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Site does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in these Terms of Use.

You may choose to submit comments or ideas about the App and our other products and services, including without limitation about how to improve the App or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Rachel Homer Fit under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Rachel Homer Fit does not waive any rights to use similar or related ideas previously known to Rachel Homer Fit, developed by its employees, or obtained from sources other than you.

Responsibility for what is posted in public areas of the App lies with each User – you alone are responsible for the material you post or otherwise make available in public areas of the App. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.

You also understand and agree that any action or inaction by us to moderate, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Terms of Use violation is undertaken voluntarily and in good faith, and you expressly agree that neither we shall be liable to you or anyone else for any action or inaction to enforce measures against any content, conduct or potential violation of these Terms of Use.
You are responsible for accurate information about your account and demographic information. If your contact information changes, you are responsible to keep it current. You are responsible for all activity occurring when the App is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

You are responsible for paying all fees and applicable taxes. Due to the nature of digital content, all fees paid are non-refundable and sales are final. We reserve the right to update our fees without notice. You may cancel your subscription at any time, but no refunds (whether in full or in part) will be issued.

Subscriptions handled through app marketplaces such as Apple App Store and Google Play Store are to be managed through those individual platforms. You also agree that issues pertaining to this App are not the responsibility of the app marketplaces (such as Apple, Inc. and Google, Inc.) and agree to abide by each platform’s respective terms of use.

3rd Party Content
This app may link to other websites, podcasts, videos, books, and other materials. These links are provided for your convenience only, and you access these links at your own risk. We do not endorse or are responsible for these sites and products. We don’t take responsibility for the accuracy of those sites.

You agree to indemnify, defend and hold us harmless from and against any claims, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your misuse or unauthorized use of the App, your submissions to the App, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the App via your account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the App.