Effective: August 5, 2019
1. About Tari App
Tari App is an online community of members, personal trainers, dieticians, personal coaches, and other health and fitness professionals that have united for the purpose of promoting healthy living and encouraging individual achievement through technology services. The services offered by TariApp (“TariApp,” “Meditari, LLC,” or “we”) include the TariApp website, content published through various media channels, as well as a desktop and mobile applications (collectively, “Services”). Individual coaching and consultation that is provided between two individuals (example. between a personal trainer and client via the TariApp platform) do not represent Services provided by TariApp or Meditari, LLC. Tari App is solely a technology platform that facilitates a medium for two parties who have a previously agreed-upon business relationship to communicate and transmit information. Any coaching, training, or dietary consultation is not included in any Services provided by TariApp or Meditari, LLC.
2. Terms & Conditions
4. Password & Security
When you become a member of TariApp Services, you will be asked to create a secure password. You are exclusively responsible for maintaining the confidentiality of your password. You agree to notify TariApp immediately if you suspect unauthorized use of your account. You will have the opportunity, if your secure password is forgotten, to reset your password. A link will be sent to your email address on record to create a new secure password. If you have opted to add a Coach in TariApp, and if your Privacy Settings allow a Coach to “Make Edits to Your TariApp,” you will be granting your Coach permission to make edits to your TariApp on your behalf. The Coach will not have access to your password, and you can “remove” the Coach, or edit your Privacy Settings to block Coach access at any time. Tari App makes extensive efforts to protect its technology and databases from third-party hackers. Some of the technology used by TariApp include third-party products and services (for example. Amazon (AWS) data servers). While TariApp makes extensive efforts to protect your data and vet the security protocols of all third-party data or technology vendor, we cannot guarantee that an unauthorized party will be unable to defeat security measures of our protections or the protection of any vendors that we use to provide Services to our members. If at any time during usage of our Services, you feel or suspect your information or data has been compromised by an unauthorized party, please contact [email protected] via email or send written correspondence to:
141 Traction Street Suite #3
Greenville, SC 29611
The use of TariApp Services is void where prohibited. Some Services are available to visitors, however, if you do not register as a member, some of TariApp Services may not be available. Tari App membership may include varying levels or membership where certain Services are only available to members who have opted-in to a different membership tier. These membership tiers and available Services may be based on a monthly subscription fee. By using any Services to which you are eligible, you represent and warrant that (a.) all information you submit is true, accurate, and complete and that you will maintain the accuracy of this information; (b.) that you are least 14 years of age or older, and (c.) your usage does not violate any applicable law or regulation. Tari App reserves the right to suspend or terminate any membership without any warning if any of the above conditions are violated or suspected under reasonable grounds.
6. Parental & Guardian Permission
Children under the age of 14 are prohibited to use Services. Some content may not be appropriate for children under the age of 18. Tari App recommends that children between the ages of 14-18 years old ask for parental permission before using the Services provided by Tari App. Certain dietary or fitness content posted through TariApp’s Services may not be appropriate for children under the age of 18. Any content relative to dietary or fitness information is intended for adults over the age of 18. Tari App reserves the right to suspend or terminate any membership without warning if Services are being used by a member suspected under reasonable grounds to be under the age of 14 years old.
7. Changes To Product & Services
Tari App is continually making enhancements and adding new features to its product. In addition to adding new features, occasionally TariApp discontinues unpopular features or features that are no longer able to be supported. Tar iApp retains the right to add, remove, and make changes to any features in its products and Services at any time without notice or consent. During use, some advertised features may break or need repair. Tari App consistently tests and fixes bugs within the product, but cannot guarantee that any advertised features will always work as advertised.
8. App Store
If you download our applications from a third-party app store (the “App Store”) (examples. Apple App Store, Google Play App Store), you acknowledge and agree that:
- Terms & Conditions agreements exist solely between you and Meditari, LLC. The App Store has no obligation to provide any maintenance, support, or updates to TariApp products, services, or data storage;
- In the event of any failure of TariApp application to conform to any applicable warranty, (i.) you may notify the App Provider and the App Provider may refund the purchase price for the applications to you (if applicable), (ii.) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the applications, and (iii.) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Meditari, LLC and the App Provider.
- The App Store is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications;
- If a third-party claims an application infringes another party’s intellectual property rights, as between the App Store and Meditari LLC, Meditari LLC will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms;
- The App Store and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of these Terms, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof; and
- You must also comply with all applicable third-party terms of service when using the applications.
9. Paid Services
Certain TariApp Services are offered for a fee. Prior to using any paid Services, you will be prompted with the advisement of the fee and the associated features that are gained by paying the fee. By signing up for paid Services (“Membership”) you agree to pay any fees or any other incurred charges that apply to the advertised Services you have opted in for.
- Sign Up – All paid Services (Membership) must be signed up for through an approved App Store. Meditari, LCC does not collect, store, or process any credit card information. All sign-ups and payment details are maintained via the App Store in which you downloaded the TariApp product. Once you have signed up for a paid membership through one of the App Stores, you will have access to a desktop version of TariApp in addition to the downloaded mobile app. Both the mobile version of the app and the desktop version (accessed via a computer) will use the same membership login. There are no additional fees associated with using the desktop version of Tari App.
- Fees – All fees for paid TariApp Services are collected through the App Store in which you downloaded Tari App. To update your payment information, or cancel any paid Service, you will need to follow instructions per the App Store through which you signed up for paid Services (Membership). Meditari, LCC holds no liability for payment information and can issue no refunds permissible by law, as all payments are directly processed by the App Store through which you signed up for the Membership.
- Subscription – All paid Services (Membership) are offered on a subscription, monthly basis. Unless otherwise stated, all fees due for the paid Services will be billed automatically by the designated App Store or sign up at the start of the monthly period. Unless otherwise stated, paid Services will auto-renew until you elect to cancel your access to paid Services. All purchases of paid Services are final and non-refundable, except at our sole discretion and in accordance with the rules governing each paid Service.
- Free Trial – Some TariApp paid Services are offered on a 30-day free trial. Unless you cancel your membership before the end of the free trial, a monthly paid subscription will auto-bill to the payment on file in the App Store of sign up and will begin monthly auto-renewal unless you specifically opt-out of membership. We will do our best to notify you by email when your free trial is coming to a close, but we do not guarantee notifications. All incurred charges are final and non-refundable. If you decide to cancel your free trial, you must cancel your subscription before the end of the free trial period. After canceling your free trial, you may lose access to the information and data you have inputted during the free trial period. Once you have canceled your free trial and received confirmation, you cannot resume the free trial period even if it was not used for the entire duration of the offer.
- Changes In Fees & Services – Meditari, LLC retains the right to make changes to its fee structures and paid Services charges. To the maximum extent permitted by applicable laws, Meditari, LLC may change fees for paid Services at any time. We will give you reasonable notice of any such pricing changes by notifying you of the changes fees through an application or through sending a notification email to your email address on record. If you do not wish to pay the new prices, you can cancel the applicable paid Service prior to the change going into effect.
- Termination of Services – You may cancel your paid Services (Membership) at any time. If you cancel your Membership or fail to update valid payment methods via the designated App Store in which you downloaded TariApp, your account will become inactive at the end of the billing and certain edits will not be permitted to be made to your account. Once a billing cycle has been billed, there is no refund. To keep another recurring charge from being placed on your App Store account, you must cancel your Membership 48 hours prior to the auto-renew period. There are no refunds for termination or cancellation of your Membership. If you no longer wish to subscribe to a Membership, it is your responsibility to cancel the Membership in due time, regardless of whether or not you actively use the paid Service.
10. Community Guidelines
By using paid Services as a Member of the TariApp community, it is important to respect other members of the community and to comply with Terms of the community, as well as applicable laws
- No false representation of self or association – No user of Services should purposefully create a profile or create content that is meant to deceive and is a false representation of yourself or your associations. No individual should represent that they are an affiliate or employee of Meditari, LLC or TariApp or any company or organization in which they do not belong. In addition, advertising qualified certification to which you have not obtained is illegal by applicable laws, and if false pretense is discovered by us, we will take immediate action to place a permanent ban on your Membership and alert the proper authorities if applicable laws are broken.
- No Spamming – No user of Services should use the TariApp platform for the purpose of “spamming” individuals via email, text, messages, private messages or any other medium. “Spamming” involves the transmission of any communication not related to the direct use of the Services or any communications with masses of individuals through the harvesting and use of contact information of Members.
- No bullying or hateful language – No user of Service should engage in any behavior that is meant to create direct harm or insult to any individual. Any hateful language used, whether directed specifically to an individual or posted via a content channel is grounds for a permanent ban of Services and removals of content.
- No conducting or promoting illegal activities – No user of Services should use the TariApp platform to conduct or promote any activities that are illegal or are in violation of laws for the area in which the user is using Services. Any illegal activity or promotion of illegal activity discovered will be reported to the proper authorities
- No automated query or “scraping” of data – No user should use any technological tool to query, retrieve, or access any portion of service. This includes automated scripts, bots, spiders, or automated retrieval queries
- No use of Services at the expense of others – No user should use Services or post content that inhibits any other user from using or enjoying Services. It is the sole discretion of Meditari, LLC to determine if your usage of Services imposes ill will, harm, or liability against any other users of Services.
- Non-Commercial Use – Services are exclusively for the use of Members and may not be used in coordination with any commercial endeavors except those specifically sanctioned by Meditari, LLC. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means is strictly prohibited. Advertisements, affiliate links, and other forms of commercial solicitation may be removed from TariApp without any notice or consent to the violating Member. Termination of Membership privileges will ensure where appropriate. Appropriate legal action will be taken for any illegal or unauthorized use of the Services as outlined by Meditari LLC.
The Tari App platform and website may contain areas where content, comments, or responses from users of Services is posted for public viewing (collectively, “Content”). This section outlines what is prohibited content and the rights of Meditari, LLC to use content provided by you.
- Prohibited Content – The following items are prohibited content and in direct violation of these Terms. (i.) No deception or harmful links will be posted in any content areas that are meant to deceive other users or direct their traffic to a harmful or deceitful website or online destination. (ii.) No copyright or infringed upon intellectual property may be posted to Content if not owned by you. Unauthorized use of Content may violate copyright, trademark, and other applicable laws. To report any copyrighted Content that has illegally been posted to Services by a user please contact: [email protected] via email or send written correspondence to:
141 Traction Street Suite #3
Greenville, SC 29611
(iii.) Hateful or offensive Content is strictly prohibited. Hateful and offensive content is left to the sole discretion of Meditari, LCC. Posting of offensive or hateful content may result in a permanent ban of Services. (iv.) Advertisement or commercially intended content that is not outlined as acceptable by these terms is strictly prohibited. (v.) Content that promotes any activities that are illegal or are in violation of laws for the area in which the user is using Services is strictly prohibited. Any illegal activity or promotion of illegal activity discovered will be reported to the proper authorities.
- Right To Distribute – By publishing or sharing (collectively referred to as “posting”) any Content, text, files, images, photos, videos, or any other materials of authorship (collectively, “Content”) through the Services, you hereby grant to Meditari, LLC, a non-exclusive, fully-paid and royalty-free worldwide license to use, copy, modify, adapt, translate, perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will not terminate at the time you remove such Content from the Services. You represent and warrant that: you own the right of Content and that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, or owed monies which would come as a result of your posting Content subjective to violation via the Services.
12. Copyright Of Intellectual Property
The Tari App platform and website contain items such as text, graphics, images, data, software, and other material provided by either Meditari, LLC or third-party vendors (collectively, “Content”). This Content is protected under both United States and foreign laws. Unauthorized use of Content may violate copyright, trademark, and other applicable laws. You inherit no rights to this Content as a user of Services except where specially outlined by the Terms. No other use is permitted without the express written consent of Meditari, LLC. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or use the Content in any way for any commercial purpose. If you violate any part of this Agreement, your permission to access and use the Content and/or our Services will be automatically terminated and will be required to immediately destroy any Content you have retained.
13. Member Disputes
Tari App contains interaction and social connections between friends, coaches, and clients. You are solely responsible for your interactions with other Members of the TariApp community. We reserve the right, but incur no obligation, to monitor disputes between you and other Members. You will be given the opportunity to set your Privacy Settings to only interact with “friends” or “coaches,” and you will be able to “un-friend” or “un-coach” any Member which you no longer wish to be associated with or interact with.
Please read the following disclaimers before using any Services.
- Consult with a licensed physician first – before starting any exercise program, wellness program, dietary program or before you make any changes to your normal fitness and dietary routines, you should consult a licensed physician. By use of our Services, you agree that you have consented with a physician in regards to any exercise program, wellness program, workouts, exercises, recipes, or foods you have been exposed to on or through the Services and that you have consulted with a physician prior to making any changes in exercise or dietary behaviors based upon information available through the Services. Participation in any activities or behaviors promoted by our Services is at your own risk. If you choose to participate in these activities or behaviors, you knowingly agree that you are doing so on behalf of your own free will and accord and that you are aware of all risks associated with such activities. To the maximum extent permitted by applicable laws, Meditari LLC is not responsible or liable, either directly or indirectly, for damages or injuries incurred from your physical activities or behaviors as a result of your use of, or inability to use, any Services or features of the Services, including any Content or activities you learn about through our Services (for example, a third-party activity such as a workout posted on YouTube), even if caused in whole or part by the action, inaction or negligence of Meditari, LLC or others. To the maximum extent permitted by applicable laws, you expressly agree that we do not assume responsibility for any third-party activity or promoted behavior accessed via the Services.
- Not medical advice – The information and materials contained and observed on and through the Services are provided for educational and informational purposes only. Tari App and the coaches using our Services are not engaged in rendering medical advice or recommendations. Neither the TariApp website, application, or Content is a substitute for professional medical advice, treatment, or consultation from a qualified physician or other health care professional.
- Accuracy of data – Meditari, LLC makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of any Content available through the Services, and we make no commitment to update such Content. This includes but is not limited to food data, restaurant data, nutritional information, exercises, or workouts. This includes data received from third-party providers who provide relevant data to the Services. In addition, Content generated by other Members, including advice, statements, or other information including, without limitation, food, nutrition, dietary guidance, exercise or training guidance, athletic activities, and exercise database entries, are not produced by Meditari, LLC, and should not be relied on without independent verification. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability.
- Coaches and trainers using TariApp Services – Please be advised that we make no attempt to confirm, and do not authenticate, any Coach’s or Trainer’s purported identity. You are solely responsible for verifying the identity and suitability of Coaches, Trainers, and Users who you choose to interact with on or through the Services. You accept and are solely responsible for accepting and acting on any advice provided by other users and understand that doing so may incur risk and harm to yourself. To the extent permitted by applicable law, under no circumstances will Meditari, LLC be responsible or liable for any injury, loss, or damage incurred from your reliance on information or advice provided by any user of our Services, including but not limited to Coaches and Trainers. Not all users who identify themselves as professional coaches, certified trainers or licensed dieticians are licensed in all applicable jurisdictions. Meditari, LLC assumes no obligation to verify or certify that users who self-identify as professional coaches, certified trainers or licensed dieticians are actually licensed or certified as advertised. If you hold yourself out as a professional coach, certified trainer, or licensed dietician, you represent and warrant that you are licensed for the services you advertise in the jurisdiction in which you offer your services. It should be noted that even if a professional coach, certified trainer, or licensed dietician is licensed or certified in one jurisdiction that it does not imply that jurisdiction transfers to the jurisdiction from which other users access the coach’s, trainer’s, or dietician’s advice.
15. Waiver & Release
To the maximum extent permitted by applicable law, you, on behalf of yourself and your heirs, next of kin, spouse, guardians, legal representatives, agents, executors, administrators, successors, and assigns (collectively, the “releasing parties”), agree that such releasing parties shall not have any right or cause of action, and hereby fully, finally, and forever release, indemnify, discharge, and acquit Meditari, LLC, TariApp, its vendors, and its past, current, and future members, shareholders, employees, officers, directors, subsidiaries, parent entities, coaches on our platform, attorneys, principals, trustees, representatives, agents, partners, affiliates, predecessors, successors, operating partnerships, general partners, insurers, reinsurers, and assigns from any and all claims, suits, obligations, costs, damages, losses, claims for sums of money, contracts, controversies, agreements, judgments, and demands whatsoever, rights, liabilities, actions, and causes of action of any nature, known or unknown, suspected or unsuspected, at law or in equity, fixed or contingent, which such releasing parties now have or may claim to have in the future (collectively, “claims”) arising out of, based upon, attributable to, or in connection with your interaction with trainers and other registered users, any content (including training videos) posted by trainers and/or other registered users, and any exercise program you may learn about or embark on via the platform. You hereby acknowledge and agree that by interacting with a coach on or through our Services, you have carefully read the foregoing release and indemnification clause and understand the contents thereof. You acknowledge and are made fully aware that neither Meditari, LLC, nor the coaches on our platform are medical doctors, certified personal trainers, licensed nutritionists, or registered dieticians and that Meditari, LLC and the coaches on our platform are only providing recommendations to you. You acknowledge before beginning, implementing, or using any and all recommendations provided, that you should consult a medical doctor. You hereby acknowledge and agree that it is the intention of the parties that the foregoing release and discharge shall be effective as a bar to all claims of whatever character, nature, and kind, known or unknown, suspected or unsuspected, hereinabove specified to be so barred.
16. Limited Liability
Tari App, the website, the Content, and the Services are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose. In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the platform, the content, or the services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusions of certain warranties or limitations of liability for certain damages, so the above limitations or exclusions may not apply to you. In such states, our warranties and our liability shall be limited to the greatest extent permitted by law.
17. Governing Disputes
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina and controlling U.S. federal law as applicable, without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to your use of the Services or these Terms & Conditions shall be filed only in the state or federal courts located in South Carolina and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action, provided that the foregoing shall not prevent Meditari, LLC from seeking injunctive relief in a court of competent jurisdiction. To the maximum extent permitted by applicable law, you and Meditari, LLC agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Any arbitration between you and Meditari, LLC to the extent necessary, will be conducted in Greenville, South Carolina, and you waive any right to claim that such location is an inconvenient forum for arbitration. You agree not to sue us or bring arbitration in any other forum.
It should be noted that our failure to exercise or enforce any clause or provision of the Terms does not constitute a waiver of such clause or provision. If any clause or provision of the Terms is found by a court of competent jurisdiction to be invalid in reference to the law, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties affected as reflected in the clause or provision, and the other clauses and provisions of the Terms remain in full force and effect.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the TariApp, our website, the Content, or our Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.