Terms and Conditions of Use

Acceptance of these Terms and Conditions.

The website boldstephealth.com, including all of its related pages, (the “Site”) is operated by Bold Step Health, LLC, which does business as “Bold Step Health” (“Bold Step Health”, “We”, “Us” or “Our”). These are the terms and conditions of use (“Terms”) which apply to Your use of the Site.

You are agreeing to be bound by these terms and conditions by using or visiting the Site, including by clicking on any link or “box” available at or through the Site, viewing or accessing any of the services or information made available by or at the Site, or by entering any information of any kind in any query box or screen available at the Site. If You are employed by or are working on behalf of a company and are accessing this Site for any purpose related to that company, in agreeing to these Terms on Your own behalf, You are also agreeing to the Terms on behalf of that company and You represent that You have the authority to do so (in which event, the term “You” shall mean both You (the user) and such company).

In addition to reading these Terms of Service, You should also read Our Privacy Policy, which explains how We may collect and use Your personal information. If You use or visit this Site, You agree to the terms of Our Privacy Policy.

Please read these Terms carefully before accessing or using Our website. If You do not agree to all the terms and conditions of this agreement, then You may not access the website or use any services it may provide. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between You and Bold Step Health. A .pdf copy of these terms is available through the link provided below. If You fail to comply with the Terms, We may terminate Your access to the Site and the services at any time, without notice, in addition to any other remedies that may be available to Us.

Services and Information 

We may, at Our discretion, provide certain services and information to the general public at the Site. By using this Site, You are licensed to use it only for the purpose of engaging with Us. You agree and acknowledge that Bold Step Health is entitled to modify or discontinue its provision of any of these services and this information at its sole discretion and without notice to You. We reserve the right to impose additional or different terms and conditions to Your use of any services or information provided at this Site at any time.

Certain information may be available at this Site about Us or about other service providers. All material, including coaching or health related information, available through the Site is for informational purposes only. We are not medical providers. We do not provide medical advice and Your use of the Site does not establish any type of health care provider-patient relationship between You and Us. If for any reason You believe that You require medical assistance, You should immediately contact a licensed medical professional. Prior to acting on any information We provide, You should consult with Your medical providers. Information We provide may be inaccurate and should be used by You with caution. We are not responsible if any information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete and more timely sources of information, including with a licensed health care provider, as applicable. Any reliance on any information provided at or through this Site is at Your own risk.

Further, by providing information about any third-party or creating links to third parties, We are not making any representations of any kind about them. For example, We are not making any representations about the quality, competency, capabilities, service offerings, suitability or business practices of any of these companies. In all such cases, You should assume that You need to verify any item of information this Site provides that is important to You. If You do business with any of these Third-Parties: We are not a party to that relationship; We will have no responsibility for their performance or non-performance; and, We shall have no liability for any harm or damages You may incur as a result of such relationship. If You believe that We are providing inaccurate information about You, please contact us immediately at [ ï ].

We may also provide access to certain forms and other information at this Site. We make no representation that any such forms or related information are current or are appropriate for any particular use. You should consult with a physician or other subject matter expert qualified in Your particular area of interest in order to determine if any information We provide is suitable for any particular purpose or situation and for any diagnosis of a medical condition and/or a treatment protocol with respect thereto.

Proprietary Rights

All content on this Site (including, without limitation, video, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) (“Company Content”) is the exclusive property of and owned by Bold Step Health, Our licensors or Our content providers. In no case is it owned by You. Bold Step Health, or Our licensors or content providers, retain full and complete title to Company Content, including all associated intellectual property rights.

Company Content is protected by copyright, trademark, service mark, patent and other applicable laws. As long as We allow You to do so, You may access, use and display the Company Content on Your personal computer or mobile device and You may print hard copies of pages from the Site that contain Company Content, in each case for either i) Your personal, non-commercial use or ii) Your legitimate business interests so long as they are not competitive to Our business interests, in each case provided that You keep all copyright and other legal notices intact. Our Company Content may not be copied, downloaded, sold, reproduced, reverse engineered or distributed, in whole or in part, directly or indirectly, without Our written permission. You are strictly prohibited from creating works or materials that derive from or are based on the Company Content. Any rights not specifically granted to You herein are reserved. 

Any third-party trademarks, service marks and logos are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission.

You or third-parties acting on Your behalf are not allowed to frame this Site or use Our (or any third-party) proprietary marks as meta tags, without Our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Our express written consent. Further, You may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Bold Step Health' express written consent.

You agree that You will not use the Site or service for activities prohibited by applicable state, federal, international law or rules or regulations. We make no claims regarding Our Site or service outside the United States. If You access Our Site or service from outside the United States, You do so at Your own risk and You are responsible for compliance with the laws of such jurisdiction.

Notification of Claimed Copyright Infringement

We respect the intellectual property of others and We ask Our Users to do the same. If You believe that Your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, You may notify Us by providing Our copyright agent the following information: 

(1) A description of the copyrighted work that You claim has been infringed;

(2) Identification of the URL or other specific location on the Site where the material You claim is infringing is located;

(3) Your name, address, telephone number, email address, and statement that You are an authorized person to act on behalf of the owner of the copyright;

(4) A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(5) An affidavit submitted by You, sworn to and made under the penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or are an authorized agent to act on behalf of the copyright owner. 

Pursuant to Section 512(c) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act, Bold Step Health designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail:

Bold Step Health, LLC

Attn: Barbara Stacy

PO Box 4593

Hagerstown, MD 21742

_____________________

Information Submitted By You

When You submit any information at or to the Site, whether by typing information into a query box, query screen or otherwise (“User Information”), You represent to Us that You are at least eighteen (18) years of age and that all User Information You submit is (i) accurate and complete, (ii) owned by You, (iii) submitted by You without violation of any third-party rights, and (iv) not confidential.  

Any User Information You submit and Our collection and use thereof is subject to the terms of Our Privacy Policy, including restrictions on Our use of any User Information that is Personal Information (as defined in our Privacy Policy). Bold Step Health assumes no responsibility or liability for the content of any User Information. You may not lie about Your age, use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to Your true identity for any reason.

External Content

The Site may include hyperlinks to third-party content, services, applications, advertising or websites (“Third-Party Material”). You acknowledge and agree that Bold Step Health is not responsible for and does not endorse or make any warranties regarding any such Third-Party Material or the providers thereof. We have not reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites.

You further agree that You will not upload or transmit any communications or information of any type through Our Site or service that infringe or violate any rights of any third party. You may not use Our Site or service to send unsolicited commercial emails to any person. You agree not to collect or harvest any personally identifiable information from Our Site or service, nor to use the communication systems provided by Our Site or service for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of Our Site or service with respect to any submissions made by them. We retain the right, at our sole discretion, to terminate any User involved with botnets and related activities. If any hostnames are used as command-and-control points for botnets, We reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. Use of the Site by You for spamming is strictly prohibited.  

DISCLAIMERS

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, ANY AND ALL INFORMATION PROVIDED AT OR THROUGH THE SITE, AND ALL SERVICES PROVIDED AT OR THROUGH THE SITE, ARE PROVIDED “AS IS”. BOLD STEP HEALTH DOES NOT MAKE AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND ANY AND ALL ENDORSEMENTS OR REPRESENTATIONS WHATSOEVER, AS TO THE OPERATION OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS AVAILABLE AT, CONTAINED IN OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, BOLD STEP HEALTH DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FORM A COURSE OF PERFORMANCE OR DEALING, ANY WARRANTY THAT THE MATERIALS ON THE SITE ARE NON-INFRINGING, THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE WILL BE CORRECTED, THAT INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER SIMILAR INTERFERENCES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

LIMITATION OF LIABILITY

YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY INFORMATION OR SERVICES PROVIDED AT THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BOLD STEP HEALTH NOR ANY OF ITS AFFILIATES WILL BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY INFORMATION OR SERVICES PROVIDED AT OR THROUGH THIS SITE. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, BUSINESS REPUTATION OR GOODWILL, LOSS OF PROGRAMS OR INFORMATION OR OTHER INTANGIBLE LOSS ARISING OUT OF THE USE OF OR THE INABILITY TO USE THE SITE, OR INFORMATION, OR ANY PERMANENT OR TEMPORARY CESSATION OF SITE SERVICES OR YOUR ACCESS TO SITE INFORMATION, OR THE DELETION OR CORRUPTION OF ANY USER INFORMATION, OR THE FAILURE TO STORE ANY USER INFORMATION. THE ABOVE LIMITATION SHALL APPLY WHETHER OR NOT BOLD STEP HEALTH HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGES YOU INCUR THAT YOU BELIEVE ARE RELATED TO YOUR USE OF THIS SITE OR THE SERVICES OR INFORMATION PROVIDED AT THIS SITE IS TO DISCONTINUE YOUR USE OF THE SITE.

COPPA Notice

CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) NOTIFICATION

***Special Note for Parents or Guardians of Children***

The Site was not designed for anyone under the age of 18. We are not responsible for any access or use of the Site by children or minors under the age of 18. 

Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying providers of such protections are available to You online. 

Please see Our COPPA Information provided in our Privacy Policy for more information regarding use of the Site and any User under the age of 18.  

Indemnification

You agree to indemnify, defend and hold harmless Bold Step Health and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from Your use of the Site or any violation of these Terms by You. 

Disputes; Jurisdiction

This agreement is governed by and should be construed in accordance with the laws of the State of Ohio without regard to its conflict of laws provisions. We recognize that it is possible for You to obtain access to this Site from any jurisdiction in the world, but We have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of Ohio and of the United States of America. If any material on this Site, or Your use of the Site, is contrary to the laws of the place where You are when You access it, the Site is not intended for You, and You may not use the Site. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.

You expressly agree to submit to the exclusive jurisdiction of the federal and state courts located in the State of Maryland to resolve any legal matter arising from these Terms or related to Your use of the Site. YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE.

Changes to these Terms

Bold Step Health reserves the right to modify these Terms from time to time at Our sole discretion and without notice to You. Changes to Our Terms become effective on the date they are posted at the Site. It is Your responsibility to check periodically for any changes We make to the Terms. Your continued use of or access to the Site after any changes to the Terms will signify Your agreement to be bound by such Terms, as so modified.

Other Matters

You understand and agree that the above Terms constitute the entire agreement between You and Bold Step Health regarding Your use of the Site and any of the services and information that may be available at the Site. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from this agreement and does not affect the validity or enforceability of any remaining provisions. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Bold Step Health to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision.  

By submitting information to Us through the Site such as to sign up for Our newsletter, or otherwise You are making an inquiry as to services offered by Us and give Us permission to contact You through email, fax, telephone, mobile phone, or any means, even if Your phone number or mobile number is on a “Do Not Call” list. 

Please email Us at coach@boldstephealth.com with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.