TERMS OF SERVICE OVERVIEW
This Terms of Service (“Policy”) applies to www.thefeelgood.app, Feel Good the App and C7, Inc. (“Company”) and governs data collection and usage. For the purposes of this Terms of Service, unless otherwise noted, all references to the “Company” include www.thefeelgood.app, Feel Good the App and C7, Inc. The Company” offers information on mental health and wellness. By using products and services of the “Company”, you consent to the data practices described in this statement.
The term using products and services of the “Company” includes but is not limited to, all information and services, membership, programs, courses, classes, assessment, quizzes, toolkits, articles, photographs, podcasts, and products available from this “Company” and our social media platforms, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here, including our Disclaimer, Waiver of Liability, Communication and our Terms of Service (collectively referred to as “our Terms of Service”), which are stated below. These are the official Terms of Use for the “Company”.
TABLE OF CONTENTS
SECTION 1: TERMS OF SERVICE: CONTRACT BETWEEN YOU AND THE “COMPANY”.
SECTION 2: DISCLAIMER
SECTION 3: WAIVER OF LIABILITY
SECTION 4: INDEMNIFICATION
SECTION 5: COMMUNICATIONS, MARKETING AND EDUCATION POLICY
SECTION 6: INTELLECTUAL PROPERTY RIGHTS
SECTION 7: THIRD PARTY PRODUCTS, AND INFORMATION
SECTION 8: PASSWORDS AND SECURITY
SECTION 9: PAYMENT & CANCELLATION
SECTION 10: TERMINATION
SECTION 11: DISPUTE RESOLUTION
SECTION 12: ENTIRE AGREEMENT
TERMS OF SERVICE:
SECTION 1. THESE TERMS OF SERVICE ARE AN AGREEMENT BETWEEN YOU AND “Company”.
1. Binding Contract. These Terms of Service (“Agreement”) are a contract and legal agreement between you and the “Company”, a California S-Corporation, mailing address located 1014 Pico Boulevard, Unit-5, SantaMonica California, 90405.
2. Agreement. You represent to the “Company”, that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created an Online account (and agreed to this Agreement at the time you created that account), purchased a product or service (and agreed to this Agreement at the time you made the purchase), or whether you simply browse, use, or access our “Company” (and agree to this Agreement when you browse, use, or access any aspect of our “Company”).
We require that by visiting our “Company” and social media accounts (including, but not limited to, Instagram, YouTube, Tik Tok, and Facebook), by subscribing to our subscription platform, enrolling in our Online Program, purchasing our Assessment Toolkit, services, webinars, sessions, and book, purchasing and/or borrowing our products, listening to our podcasts, reading our articles, engaging in posture therapy, performing our movements, rebalancing movement sequences and exercises, you acknowledge and agree to be bound by our Terms of Service. These Terms of Service apply to all users of our “Company”, services, and products including, without limitation users who are clients, members, subscribers, browsers, vendors, customers, employees, merchants, followers on social media, and/or contributors of content, testimonials, and commentary.
Any new feature, service, product, or information which is added to the “Company” shall be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update or modify these Terms of Service at any time, without any prior notice. For this reason, we encourage you to review these Terms of Service whenever you access our “Company”, social media accounts, and our facility, offices and gym, and/or whenever you purchase our services, courses, programs, toolkits, and/or products. It is your responsibility to check this page periodically for changes. By accessing and using any part of the “Company”, opting in to our email newsletter, accessing our social media accounts, and/or by purchasing our services, courses, programs, toolkits, and/or products, you agree to be bound by these Terms of Service at the time of your access and purchase.
If you do not agree to this Agreement, you may not use what the “Company” creates.
SECTION 2: DISCLAIMER
While information posted on this “Company” is believed to be reliable and accurate at the time of posting, “Company”, does not guarantee, represent or warrant that the information contained on this “Company” is accurate, complete, reliable, verified, error free, or fit for any purpose.
All of our movements and sequences are a form of exercise. As with any type of exercise, our movements and sequences are not without risk, and participation in our movements and sequences, may result in injury. “Company”, urges the participants of Our Program – which includes, but is not limited to, any of the following: individual or group in-person, online, or offline seminars, webinars, exercises, sequences, subscription platform users, membership subscribers of our Online Program, purchasers of our Assessment Toolkit, and information posted on videos online on our “Company”, and/or on our social media accounts, including, but not limited to, Instagram, YouTube, Tik Tok and Facebook (collectively referred to as “Our Program”, “Program”) – do so within the boundaries of their own capabilities. Participation in Our Program is voluntary and constitutes recreational activity. “Company”, is not a health care provider, and its owners, members, directors, officers, employees and agents are not health care providers, and for this reason, “Company”, does not provide medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure. Our Program is in no way intended as a substitute for medical consultation, advice, evaluation, consultation, and/or treatment and constitutes only as recreational activity. “Company”, its owners, members, officers, directors, employees, and agents disclaim liability from and in connection with Our Program.
Any person who participates in Our Program does so at their own risk. To reduce the risk of injury, you should consult your doctor before beginning Our Program. As with any exercise program, if at any point during your use of our services, you believe conditions or exercises to be unsafe or begin to feel faint or dizzy, have physical discomfort, or pain, you should stop immediately and consult a doctor.
SECTION 3: WAIVER OF LIABILITY
By accessing our “Company”, you agree that you wish to participate in Our Program. You agree that you are 18 years of age or older. You agree you are acting on behalf of yourself, or as the parent or legal guardian of a minor participating in Our Program, per your express authorization herein. You agree that if at any time, you believe conditions to be unsafe or begin to feel faint, dizzy, have physical discomfort or pain, or witness, as a parent or legal guardian, your minor participating in Our Program to begin to feel faint, dizzy, have physical discomfort or pain, you (or the minor whom you authorizing to participate in Our Program), will immediately discontinue further participation. You fully understand that “Company”, provides recreational services only. You fully understand that the “Company”, Program is a form of exercise inherently involving risk and dangers. You understand and agree that these risks and dangers may be caused by your own actions or inactions, or the actions of others participating in or conducting the activity.
You understand, acknowledge and agree that “Company”does not provide any medical opinion, advice, diagnosis, evaluation, treatment, prescription or cure. You understand, acknowledge and agree that “Company”, in no way represents itself as a medical and/or health provider, and anything discussed, or any information provided by “Company”, its owners, members, directors, officers, employees, and/or agents, is not medical opinion, evaluation, advice, diagnosis, consultation, treatment, prescription or cure.
You understand, acknowledge, and agree that neither “Company”, nor its owners, members, officers, directors, employees, and/or agents are responsible or liable for any claim, loss, or damage directly or indirectly resulting from your participation (or the participating of the minor whose participation you are authorizing) in the “Company”, Our Program. Further, you fully assume all risks and responsibilities for losses, injuries, costs or damages resulting directly or indirectly from your (and/or your minor’s) participation in our Program, and you hereby Release “Company”, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of your (or your minor’s) participation in the Program and/or reliance on information communicated to you by “Company”. We understand that by way of this waiver, you are releasing the “Company”, its owners, members, officers, directors, employees, and agents from all liability, injuries, losses, costs, demands, or damages which may incur as a result of any gross negligence by “Company”, its owners, members, officers, directors, employees, and/or agents.
You represent that you have read this Waiver of Liability in its entirety, fully understand its terms and agree to be bound to it freely, without inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by the law, and you agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall be in full force and effect. This waiver shall be governed by the laws of the State of California.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of offerings available through our “Company” arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, pandemic, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
SECTION 4: INDEMNIFICATION
You further understand acknowledge and agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, you, or anyone on your behalf, or on behalf of the minor for whom you are signing this agreement, makes a claim against any of the releases, you will indemnify, defend, save and hold harmless each of the releases from any litigation expense, attorney fees, loss, liability, damage or costs which may incur as a result of such claim, excluding any claims of gross negligence.
SECTION 5: COMMUNICATIONS, MARKETING AND EDUCATION POLICY
You acknowledge and agree that by purchasing services, courses, programs, toolkits, and/or products from “Company”, and by subscribing to a membership subscription platform, and/or becoming a member of our Online Program, you give your express consent to be contacted and/or receive marketing communication by direct mail, email, telephone, pre-recorded message, text message, instant message and other means from or on behalf of “Company”.
By agreeing to these Terms of Service you expressly give the “Company” permission and the right to use your photos and/or materials, such as progress photos, graphics and skeletal drawings of your image and posture based on your photos, or photos showing results of “Company’s”methods for any and all marketing and/or educational purposes, including, but not limited to, posting these photographs on “Company’s” web platforms and social media accounts.
Our online membership program platform contains a Community Forum, wherein members discuss their experience, exercises, sequences, and /or healing journey, ask questions, answer questions and give each other support. Our Facebook page has a private group, the “”Company” Support Group,” wherein members of the group connect similarly to those in the online membership program. Our social media welcomes comments from our followers. The “Company”expressly reserves the right to remove and/or delete any comment or question, or communication on any and all of these forums, which we believe to be inappropriate and/or in violation of law.
SECTION 6: INTELLECTUAL PROPERTY RIGHTS
Our “Company”, and all content contained on our “Company” (collectively “Proprietary Material”) is protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Proprietary Material is owned and/or controlled by the “Company” or by other parties that have provided rights thereto to “Company”.
Use of our “Company’s”and ”Proprietary Materials” is intended for personal, non-commercial purposes only. You agree to use our “Company” only for lawful, noncommercial purposes. The term “use” is defined in the broadest possible means, and includes, but is not limited to, copying, reproducing, sharing, permitting access to, distributing, reverse engineering, modifying, publishing, displaying, transmitting, adapting, framing, linking, renting, leasing, loaning, selling, licensing, and/or in any way exploiting the contents of our “Company”.
Except as expressly permitted by these Terms of Service, you may not, and agree that you will not, use, copy, reproduce, share, permit access to, distribute, publicly perform, reverse engineer, modify, publish, display, transmit, adapt, frame, link, rent, lease, loan, sell, license, and/or in any exploit the contents of our “Company”. You agree to use our “Company” in compliance with all international, federal, state and local laws. Any purchase order suspected to be used for unauthorized and/or illegal use or any other activity not approved in writing by the Managing Member of “Company”, James M. Costello, may be subject to suspension or immediate termination of account and restrained from any further access to the “Company”. Any open order will be canceled and credited back. Modification of the materials and content appearing on the “Company” or use of such materials and content for any prohibited purpose, as communicated herein, is a violation of our copyright and other proprietary rights.
The intentional use of a false name, address, telephone number and/or credit card number to purchase any services on this “Company” shall constitute fraud under the laws of the State of California and will be prosecuted to the full extent of the law.
Any person or entity wishing to use any material on our “Company” and/or from our Program, including, but not limited to, our “Company”, social media platforms, podcasts, photographs, graphics, drawings, art, articles, Online Program, Assessment Toolkit, and/or Breaking Your Limits book written by James M. Costello, for commercial purposes, must, prior to said use, request and obtain express written permission from “Company”, by directing your written request to: “Company”, , Attn: James M. Costello, 1014 Pico Boulevard, Unit-5, Santa Monica, California 90405 and sending an email to [email protected].
Any permission granted for use of our “Company” and/or our Program for commercial purposes must be in writing and signed by James M. Costello, or it does not exist.
Any unauthorized use of our “Company” and/or Program will be prosecuted to the fullest extent of the law.
SECTION 7: THIRD PARTY WEB “COMPANY”, PRODUCTS, AND INFORMATION
This “Company” may contain links to other “Companies”which are not maintained or controlled in any way by the “Company”. Links to any such that are not maintained or controlled by “Company” are provided for convenience only and are not to be construed as an endorsement by “Company”or any other party of the products, services, advice or opinions or any other content of such “Company”. Access to or use of “Company” to which links are provided are subject to the terms and conditions of such “Company”. You are fully responsible for any use that you make of the content contained in such “Company” and you are solely responsible for the consequences of any use of or reliance on such content.
From time to time, this “Company” may include information about products and promotions offered by third parties. You may purchase products from or participate in promotions of third parties whose promotions or products are listed on this “Company”. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the third party. We assume no liability, obligation, or responsibility for any part of any such purchase or promotion.
SECTION 8: PASSWORDS AND SECURITY
Login Required.
In order to participate in our subscription platform and online membership program from this “Company”, you will be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
Passwords and Security.
If you register for an account of the “Company”, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. We will never ask you for your password.
SECTION 9: PAYMENTS & CANCELLATIONS
Subscription Auto-Renewal Cancellation:
Account holders may access the Products via “”Company” Subscription”, a subscription fee-based program that gives access to Our Program based on which tier you paid for. You will only have access to “Company” Subscription while your paid subscription is active and subsisting. You may have access to a free trial period of “Company” Subscription, which automatically converts to a paid monthly or annual subscription term after an agreed-upon period when the trial begins. In such instances, you can disable the automatic conversion by canceling prior to the date of conversion to end your trial and avoid payment.
You may access “Company” Products via a monthly or annual subscription option. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days.
Our “Monthly” subscription is paid in monthly installments. For each month your monthly subscription is active, you acknowledge and agree that “Company” is authorized to charge the same credit card used for the initial subscription fee or other payment methods. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided until canceled. You must cancel your subscription before it renews in order to avoid billing next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.
You agree to promptly notify “Company” of any changes to the Payment Method you provided while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions purchased by you.
In the course of your use of the Products, “Company” and its third-party payment service provider may receive and implement updated credit card information from your credit card issuer in order to prevent your subscription from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to “Company” and “Company”’s third-party payment service provider at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer.
Our obligation to provide the Products only comes into being when we take receipt of your Order and confirm your purchase by email. We shall confirm your Order and email you to confirm your access to the subscription purchased. Please quote the Order number in all subsequent correspondence with us. Prices are in US Dollars and include local taxes. You agree not to hold us responsible for banking charges incurred due to payments on your account. You agree that you are not permitted to resell any Products purchased through “Company” for commercial purposes.
The subscription for all subscription memberships will continue until the member cancels the membership. A member is charged for access to the membership program and not for use. Therefore, regardless of whether or not the member uses the program, the member will be charged for the membership for having access to it, until and unless the member cancels the membership as required below in the “Cancellations” Section.
CHANGING FEES AND CHARGES:
We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your subscription plan will take effect following notice to you.
Cancellations:
Over the years, “Company” has offered multiple purchasing options to access our online programs. Please be aware of what access option you purchased or want to purchase before reading our cancellation and refund policy so you can get the proper information that is accurate and specific for you. Your exact access option should also be included in your purchase receipt that was emailed out to the email address you originally signed up for your reference.
For subscription membership payments:
You may cancel a Monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please make any such cancellations by logging in to the program and canceling your subscription prior to the next billing cycle. Refunds cannot be claimed for any partial-month subscription period.
You will be sent an email reminder five (5) days leading up to your automatic renewal date, reminding you that your subscription is about to renew in five (5) days and to cancel your subscription if you do not wish to continue on. If you need help, please email [email protected]; we will be more than happy to guide you.
To ensure the proper processing of any cancellations in a timely manner and accurately, we do not accept cancellation requests through email. You must cancel your account through the program. Please email us at [email protected] if you need help locating this or if you want to confirm that you have canceled your account.
SECTION 10: TERMINATION
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the “Company” and/or our services, and/or Our Program, with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this “Company”, and reporting you to the proper authorities, if necessary.
Upon termination and regardless of the reason(s) motivating such termination, your right to use the services and content available on this “Company” will immediately cease. We shall not be liable to you or any third-party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
The obligations and liabilities of the parties incurred prior to the termination date shall service the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or Program, or when you cease using our “Company”. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due to us up to and including the date of termination; and /or accordingly may deny you access to our Services (or any part thereof).
SECTION 11: DISPUTE RESOLUTION
Choice of Forum.
You agree that the venue for any action to resolve any legal dispute between you and us is Los Angeles, California, and you consent and submit to such courts for purposes of litigating such action.
Governing Law.
The statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof.
Dispute Resolution.
All claims and disputes arising under or relating to this Agreement are to be settled by mediation, by a mediator mutually selected by the parties. The parties shall equally share in the cost of the mediation. If the matter is not resolved through informal discussion and/or mediation, jurisdiction shall be in the State of California, County of Los Angeles. The prevailing party shall be entitled to recover all costs and expenses incurred in connection with such legal action, including reasonable attorney’s fees and court costs.
Action Waiver.
You agree that any claims brought can only be brought in an individual capacity and not as a member of a purported class or other representative action.
Notices:
All notices to “Company”, shall be in writing and shall be sent to Jame M. Costello, 1014 Pico Boulevard, Unit-5, Santa Monica, California, 90405. We agree to accept by email (at [email protected]), a courtesy copy only, of any notice properly mailed to the above identified person and address. You agree to allow us to submit notices to you using the email address provided by you in the Registration Information. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication on the delivery date when mailed by you, and or transmitted by email by “Company”, .
SECTION 12: ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this “Company” constitutes the entire agreement and understanding between you and us and govern your use of our “Company”, services and our Program, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of our Terms of Service). To the extent that anything in or associated with this “Company” is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.
If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.