Grow Your Coaching Platform !

~You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Healthsphere in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Healthsphere in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Healthsphere or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Healthsphere name or trademarks without the express written consent of Healthsphere.

~In accordance with the Digital Millennium Copyright Act (“DMCA”), we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members and coaches or users and (2) remove and discontinue service to repeat offenders.

1. Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Healthsphere’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
   1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
   2. Identification of works or materials being infringed;
   3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Healthsphere is capable of finding and verifying its existence;
   4. Contact information about the notifier including address, telephone number and, if available, email address;
   5. A statement that the notifier has a good faith belief that the material identified in (1)(c) is not authorized by the copyright owner, its agent, or the law; and
   6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
2. Once The Designated Agent receives proper Bona Fide Infringement Notification. Upon receipt of a proper notice of copyright infringement, we reserve the right to:
   1. remove or disable access to the infringing material;
   2. notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
   3. terminate such content provider's access to the Service if he or she is a repeat offender.
3. Procedure to Supply a Counter-Notice to the Designated Agent. If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider may send us a counter-notice containing the following information to the Designated Agent:
   1. A physical or electronic signature of the content provider;
   2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
   3. A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
   4. Content provider's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider's address is located outside the United States, for any judicial district in which Healthsphere is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Healthsphere may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Healthsphere may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Healthsphere’s discretion.

Please contact Healthsphere’s Designated Agent at DMCA@healthsphere.com. Alternatively, you may send a complete notice of copy infringement to the following email address:

Professphere LLC.

vega.johnnie@professphere.com

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

1. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, use the Service. 
2. Since Healthsphere is a service that connects via the internet people and allows in-person assemblies, users under the age of 18 should be accompanied by a legal guardian when meeting with a coach, trainee, or group members
3. We(Healsphere) are not responsible for any physical interaction between users…
4. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted and will be terminated.
5. You are responsible for maintaining the security of your account and password. Do not share any personally identifiable information with anyone else. We view any actions taken by your account as taken by you. Healthsphere will not be liable for any loss or damage from your failure to comply with this security obligation.

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. Any fee changes will be notified to all users prior to the effective date at least a  month before changing fees. We reserve the right to 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 of Use, any price changes to your service will take effect following email notice to you.

Healthsphere is a community of coaches and members. When you sign up for the Site, you agree to the following rules:

You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.

Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.

You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.

You assume full responsibility for the content of the Service offered.

You understand that classes posted are publicly available to be viewed and accessed by any student.

You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

You will not share content from the Service with anyone who is not properly licensed to access the content.

You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.

You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

You will not impersonate any person or entity, including any of our employees or representatives.

You will not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

You assume full responsibility for messages and communications between coaches and members. In the correspondence between either party, Heathsphere is not liable for anything. 

Once a connection between a coach and a trainee has been established within the services on Healthsphere which include, chat messaging or commenting on posts any communication which takes place outside of Healtsphere’s services, We will not be resp…

When you commit to a training session, group meetup or a class using the Site, you agree to the following rules:

1. You will accept all of the terms and conditions including the session cancellation policy listed in the Service when you agree to the guidelines accessed as a coach or member of a class, or training session done through Healthsphere services. 
2. You will follow all rules set by a Coach given they are with legal statutes and local policies of the state, city or facility where the session takes place and with respect to a class, and you will not take any actions to intervene with the coach or any other member in the group.
3. Any injury of any party which happens during a personal or group training session does not follow under the liability nor responsibility of Healthsphere. Trainers are required to become aware of any pre-existing medical conditions, restraints, or any physical limitations of their clients and gain verbal and written consent to conduct any activities prior to the start of the session which waives injury responsibility to the client.
4. Healthsphere reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

When a member commits to a Personal or group training session through Healthsphere, we will share the member's username and profile with the coach for the purpose of quality control and providing communication through Healthsphere services. By enrolling in a coach's session on Healthsphere, a member grants us permission to share that member's information with the coach and vice versa. The Coach is required to respect the privacy of the members. The Coach has a limited license to use this information only for Healthsphere-related communications or for Healthsphere-facilitated transactions. The Coach may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not engage in any misuse of any member's personal information. Remember that you need to comply with all relevant legal rules when you use Healthsphere. This includes applicable data protection and privacy laws which govern the ways in which you can use another Healthsphere user’s information.

Finally, we may collect demographic information about you, such as gender, race and ethnic origin, although not required to use the app. We usually collect and use this information on an anonymized basis. If you provide demographic information to Healthsphere, you do so voluntarily and Healthsphere will collect, store and use your demographic information in accordance with our privacy policy. We may use this type of data to analyze trends and assist us in understanding demographic patterns related to our community and new and existing products, programs, or services; to administer, analyze, and improve the content and functionality of the Site and Services; for marketing; and to gather demographic information about our user base as a whole. We utilize unstructured machine learning technologies to understand user behaviors and to provide user-specific recommendations and other personalization of the Site or Services experience.

Features of Active subscription for Healthsphere coaches

1. Upon successful payment, coaches will become an active user of Healthsphere and will be able to utilize full services of healthsphere
2. Active Coaches will be able to access the following:
   1. Search, connect and message new clients
   2. Increase post limit on profile to 100 pictures and videos
   3. Promoted profiles which will be displayed to potential clients
   4. Clients can search coaches based on factors including but not limited to training focus, credentials, gender, age, location

1. Healthsphere collects all fees through a 3rd party payment portal on healthsphere located in the coach’s profile page 
2. Subscriptions are 30 day periods of service and are billed every 30 days after the start of the initial purchase 
3. A cancelation of service will discontinue Full features at the end of the billing period and will still be available within the 30 day period
4. No refunds are offered for membership fees or any other fees collected by the Service 
5. Fees for membership or any other portion of the Service may be changed at any time without prior notice

Referral programs will commence on a seasonal basis. As of official the referral program will not be available. Should a referral program begin again, the terms and conditions of which will be updated on this section of the document.

The membership fee will be billed thereafter at the beginning of the paying portion of your membership and each month or year unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below if your Payment Method has not been successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date.

Refunds for active Healthsphere coach memberships will be given on a case by case basis and will be initiated by contacting Healthsphere customer service. We do not guarantee client traffic, acquisition, or connections to coach profiles, however we do provide access and availability to clients who are also on Healthsphere. It is the role of the coach to seek clients and make contact with other users based on their needs. If the service is not to the liking or expectation of the coach, a partial or full refund will be given if the situation meets the necessary criteria.

You may cancel your membership in accordance with this Terms of Service.

Once your refund is confirmed, you will lose all access to your Healthsphere membership. Healthsphere has no obligation to consider or grant refund requests; (ii) that do not occur within the first thirty (30) days of your membership or (iii) if there has been a violation of our Terms of Service or our Community Guidelines or fraud. You are entitled to one refund only. After your refund, any future subscriptions will no longer qualify for the 30-day money back guarantee.

You may cancel your Healthsphere membership at any time for any or no reason. To cancel your recurring subscription, please visit your payment settings within your Healthsphere account profile.If you choose to sign back up as a paying member, your billing date will begin on the date which you repurchased the membership

Healthsphere reserves these rights:

• We can make changes to the Healthsphere Site and Services without notice or liability.
• We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason which violates these Terms of service. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Healthsphere in that jurisdiction.
• We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
• We have the right to remove a coach or members at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
• We have the right to reject, cancel, interrupt, remove, or suspend any coach, client,  member, class, comment, or other posted comments at any time and for any reason.

Healthsphere is not liable for any damages or injuries as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY TRAINING SESSION OR CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY. 

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) coaches and members. In which case any promoted third party service or products will contain a link to the company website for more information and purchase. Only Healthsphere services or merchandise will be sold solely on the Healthsphere app.

Coaches, group organizers or class instructors are responsible for developing their own individual warranties, waivers, and outlines of activities. We do not regulate or control how said parties are to conduct their sessions, however they must be explained to the clients prior to commitment of a session and can be displayed on their user profile.

Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Healthsphere spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

The Classes offered on Healthsphere are offered directly by the teachers. Healthsphere is not responsible or liable for any information on its Service listings or profiles. Healthsphere is not responsible for any changes made to a class by the teacher.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IN NO EVENT SHALL WE OR ANY OTHER HEALTHSPHERE PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE,NOR ANY OTHER HEALTHSPHERE PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Upon a request by us, you agree to defend, indemnify, and hold us and the other Healthsphere Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree that the Service shall be deemed a social interactive service based in Texas and shall not give rise to personal jurisdiction over Healthsphere, either specific or general, in jurisdictions other than Texas. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of Texas, without regard to conflicts of law principles. You agree that any legal action or proceeding between Healthsphere and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Texas, Texas.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and Healthsphere agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Healthsphere are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Healthsphere concerning the Service and the services provided by Healthsphere. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Healthsphere failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service.Healthsphere may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between Healthsphere and you will be sent and received electronically. You agree that all electronic communication between Healthsphere and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Healthsphere not expressly granted herein are reserved.