Gain Life, Inc. and its subsidiaries and affiliates (“Gain Life”, “we”, “us”, “our”, “ManUP”) are the provider of ManUP. ManUP is a Service that empowers guys to achieve their best life through one-to-one nutrition, physical activity, and mindset coaching. We do this via our website at www.manuphealth.com (the “Site”), and through nutrition, activity, and mindset plans and content, phone calls, video-sessions, email or otherwise with a ManUP Coach (collectively, the “Service”).
As part of the Service you will have access to a ManUP Coach (the “Coach”) who will consult with you by video-session, phone, and email. You agree to work with your Coach in good faith solely with respect to the Service, and you will not seek consultation from your Coach for any other purpose. You agree to conduct your sessions with your Coach alone, with no observers, and you will not record any such session in any way. You also understand and agree that Gain Life may replace any Coach assigned to you at any time, without advanced notice.
ManUP Members agree that, in order to increase the probability of success in your efforts to gain energy, lose or manage your weight, you must at a minimum: (a) follow ManUP’s protocol, as provided in any content on the Site, sent to you, or provided by your Coach, to the best of your ability; (b) complete all recommended appointments with your ManUP Coach; and (c) report your weight and activity data weekly. EVEN IF YOU CARRY OUT THESE REQUIREMENTS, YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY, AND THAT GAIN LIFE DOES NOT GUARANTEE WEIGHT LOSS. You also understand and agree that we may, but we are not obligated to, modify the Service for a variety of reasons, including for consistency with the most recent weight loss and weight management research.
The following Terms of Service (“Terms”) govern your access to and use of the Site, including all text, graphics, images, information or other materials available through the Site and the Service (the “Content”), and constitute a binding legal agreement between you and Gain Life.
You acknowledge and agree that by accessing or using the Site or Service you are indicating that you have read, understand, and agree to be bound by these Terms, whether or not you register as a member of the Site or Service. If you do not agree to these Terms, then you have no right to access or use the Site or Service.
Gain Life reserves the right, at its sole discretion, to modify or terminate the Site or Service or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. By continuing to access or use the Site or the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site or the Service.
Not Medical Advice & Other Important Considerations
Gain Life does not provide medical advice. We are not a licensed medical care provider and we have no expertise in diagnosing, examining, or treating any medical conditions of any kind, or in determining the effect of physical activity or nutritional intake on a medical condition. The Site, the Content, and the Service are not provided in the course of a professional relationship between a healthcare provider and a patient and are not intended to create any patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. You should never disregard medical advice or delay seeking medical advice because something you have read on this Site or the results you receive through the Service.
You understand and agree that the Site, the Content and the Service and any other information you learn from ManUP are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care, and you understand and agree that the Content and the Service are intended for research, informational, and educational purposes only. You are urged and advised to seek the advice of a physician before beginning your use of the Site or the Service, or participating in any event announced on or through the Site or the Service, and to get periodic medical check-ups as recommended by your primary-care physician. By using the Service, you represent that you are an adult who is healthy enough to begin a weight loss regimen that includes dieting and exercise. The Service is not intended for use by minors. If you are currently under the care of a healthcare professional or are living with a chronic healthcare condition, you represent that you have obtained the express approval from a healthcare professional to receive the Service before beginning. Never disregard professional medical advice or delay in seeking it because of something you have been told by ManUP or Gain Life staff. Not all physical activities described on the Site or the Service are suitable for everyone. You should understand that when participating in any physical activity program, there is the possibility of physical injury and/or death. If you think you may have a medical emergency, call your physician or 911 (or other similar emergency number if you are outside of the US) immediately. If you feel discomfort or pain, immediately stop the activity causing such discomfort or pain. By using the Service, you represent that you have received consent from your physician to participate in the physical activity and nutrition plans described on the Site. We are not responsible for any health problems that may result from programs, products, or events you learn about through the Site or the Service. If you engage in any physical activity or nutrition program you receive or learn about through the Site or the Service you agree that you do so at your own risk and are voluntarily participating in these activities. Although Gain Life coaches, affiliates, and employees make an effort to provide quality information to you, Gain Life disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any information provided through this Site or sent to you by a ManUP Coach or the Site. For example, health, diet, and physical activity advice is subject to updating and refining due to medical research and developments. No assurance can be given that the information provided through this Site will reflect the most recent findings or developments with respect to the particular material.
The Site and the Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Gain Life exclusively owns all right, title and interest in and to the Site and the Content, including all associated intellectual property rights.
Fees and Billing
Access to and use of our Coaches requires payment of a subscription fee. Please see the Join Now Page for information on subscription fees and related terms. You agree to pay the subscription fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses PayPal or Braintree to process your credit card transactions. We will bill all charges automatically to your credit card or PayPal account that you provide during registration (or as updated by you thereafter) (your "Payment Method"). Your initial subscription fees will be billed at the beginning of your subscription. All fees and charges are nonrefundable, except in instances where we are unable or unwilling to provide the requested services. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and applicable taxes, if any, are payable in United States dollars. Renewal fees will be billed on a monthly basis dependent on the length of your subscription.
If you decide to use our Coaches, you acknowledge that your subscription has a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Subscription cancellation occurs when we terminate your subscription or you notify us by email at firstname.lastname@example.org, and/or through our system (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. The applicable subscription fee will be billed at the beginning of the paying portion of the subscription term and renew automatically as set forth herein. If you sign up for a monthly subscription to the Service on the last day of any particular month (recognizing that not all months have the same number of days), your billing cycle start date will be the last day of each succeeding month. We may also periodically authorize your Payment Method in anticipation of subscription fees or related charges.
Subscriptions to the Service will be automatically extended for successive renewal periods for the same duration as the subscription term originally selected by you, at the then-current, non-promotional subscription rate.
Subject to your compliance with the terms and conditions of these Terms, Gain Life grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and view any Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site or the Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Gain Life, except for the licenses and rights expressly granted in these Terms.
You agree not to do any of the following:
- Send or provide any illegal content through the Site;
- Use, display, mirror or frame the Site, or any individual element within the Site, any ManUP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page;
- Access, tamper with, or use non-public areas of the Site, Gain Life’s computer systems, or the technical delivery systems of Gain Life’s providers;/li>
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented to protect the Site or the Content;
- Use Site or the Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or the Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
User Indemnification Of Gain Life
You agree to defend, indemnify, and to hold harmless Gain Life, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) arising, resulting from or relating to: (a) your use of the Site or Service, or your inability to use the Site or Service; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold Gain Life (and its officers and directors) harmless applies whether a claim against Gain Life is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. This indemnification section shall survive your termination of or cessation of use of the Site.
THE SERVICE, SITE, AND CONTENT ARE PROVIDED BY GAIN LIFE STRICTLY ON AN "AS IS", WITH ALL FAULTS, AND "AS AVAILABLE" BASIS. GAIN LIFE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. GAIN LIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN GAIN LIFE WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL GAIN LIFE OR ITS SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING MANUP COACHES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE WILL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL GAIN LIFE, ITS SUBSIDIARIES, OR THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, AND REPRESENTATIVES (INCLUDING THE MANUP COACHES), HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST WAGES), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT GAIN LIFE WAS ADVISED SUCH DAMAGES MIGHT ARISE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GAIN LIFE.