1. General Terms
These Terms and Conditions of Service and Use of Red Canvas LLC website and all mobile applications available on both Apple Store and Google Play (collectively referred as “Platform”, and sometimes referred to herein as “we” or” us” or “our”) are hereby made effective, and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of Red Canvas LLC hereby amend and restate any such prior terms and conditions.
When you use our services, you’re agreeing to our terms. So please take a few minutes to read over the below mentioned Terms and Conditions before using our Platform.
By clicking “I AGREE” and/or simply by using or accessing our services and this Platform, you hereby agree,
(a) that you have received, read and understood these Terms and Conditions, and that these Terms and Conditions create a valid and binding agreement, enforceable against you in accordance with the terms hereof,
(b) to be bound by these Terms and Conditions, any terms, conditions or other rules, regulations or policies of Red Canvas LLC, as each may be amended or supplemented from time to time in our sole discretion without notice;
(c) that your use of our services and our Platform shall comply with all applicable federal and local laws, rules or regulations, and that you are solely responsible for your compliance with, familiarity with and understanding of any such laws, rules or regulations applicable to your use of the Platform. If you do not agree with any portion of these Terms and Conditions, you are prohibited from using or accessing our services.
1.3 Not For Emergencies.
Red Canvas LLC Platform is not meant for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the Platform. If you believe you have an emergency, call 9-1-1 immediately.
You should seek emergency help or follow up care when recommended by a Provider or when otherwise needed. You should continue to consult with your primary provider and other healthcare professionals as recommended. Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.
All information contained on Red Canvas LLC website, including information relating to medical and health conditions, exercises, products, treatments and nutrition are for educational purposes only. This website is also not intended to be a substitute for professional training, nutrition, diet, health, wellness, fitness, training tips, eating disorders, related issues or any other form of medical advice. When in doubt, consult your primary care physician, registered doctor or another certified professional. Do not delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information made available on this website. The information available on our website shouldn’t be seen as professional advice.
Red Canvas LLC does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of this website. We are not responsible for your actions and its consequences.
2. Registration and Membership
2.1 Registration and Membership. You may be required to provide information about yourself in order to register for and/or use certain Services (including but not limited to our monthly subscription plan). You agree that any such information shall be accurate. You may also be asked to provide your personal information to complete the process.
By providing your personal information, you agree and understand that the information and material contained in this Platform implies and constitutes your consent to the terms and conditions mentioned below.
By starting your subscription and providing or designating a payment method, you authorize us to charge you on a one-time subscription fee at the current rate. We reserve the right to adjust pricing for our subscriptions 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 and Conditions, any price changes to your subscription will take effect following email notice to you. We reserve the right to revoke your subscription at any time. Membership is void where prohibited by law.
3.1 Online Payments. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
3.2 Propietary Rights. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the Platform, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video and copy), software, code, data, and the look and feel, design and organization of the Platform, and all materials and content related to our programs even if the materials or content are not accessed through the Platform. Your use of the Platform does not grant to you ownership of any content, software, code, data or materials you may access on the Platform.
3.2 User Content.
By Submitting any User Submissions through the Platform or the Service, you hereby do and shall grant Red Canvas LLC a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Platform, the Service and Red Canvas LLC’s (and its successors and assigns’) Service, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites).
You also hereby do and shall grant us a non-exclusive license to access your User Submissions through the Platform and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Red Canvas LLC does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.
You agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service.
You understand that Red Canvas LLC shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content, or information submitted by you; and that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such content originated and that Red Canvas LLC will not be liable for any errors or omissions in any content; and that Red Canvas LLC cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
Red Canvas LLC cannot guarantee the authenticity of any data which users may provide about themselves or the persons or entities they are involved or affiliated with or employed by. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
3.3 Accuracy of Information; Functionality.
Although Red Canvas LLC attempts to ensure the integrity and accuracy of the Platform and Service descriptions, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform, Service descriptions and other content on the Platform.
It is possible that the calculators and images of our Platform are inaccurate and the Platform could also have typographical errors, inaccuracies or other errors, and those unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Red Canvas LLC so that it can be corrected. Information contained on the Platform may be changed or updated without notice. Additionally, Red Canvas LLC shall have no responsibility or liability for information or content posted to the Platform from any non-Red Canvas LLC affiliated third party.
3.4 Links to Other Sites.
Red Canvas LLC makes no representations whatsoever about any other website that you may access through this Platform. When you access a non-Red Canvas LLC site, please understand that it is independent from Red Canvas LLC, and that Red Canvas LLC has no control over the content on that website.
In addition, a link to a non-Red Canvas LLC website does not mean that Red Canvas LLC endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third-party sites linked to this Platform, you do this entirely at your own risk.
3.5 Personal Information. If you submit, upload, post or transmit any health information, medical history, conditions, problems, symptoms, personal information consent forms, agreements, requests, comments, ideas, suggestions, information, files, videos, images or other materials to us or our Platform (“User Information”), you agree not to provide any User Information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You agree not to contact other Platform users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You represent and warrant to Red Canvas LLC that you have the legal right and authorization to provide all User Information to Red Canvas LLC for use as set forth herein and required by Red Canvas LLC. Red Canvas LLC uses advanced encryption networks to ensure that your medical information is held securely in heavily encrypted servers.
3.6 Prohibited Conduct.
You agree not to (i) access the Platform or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit (a) a message under a false name, or (b) any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (1) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (2) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Platform or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Platform or the Services; (v) use robots or scripts with the Platform; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Platform; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Red Canvas LLC. You may not alter the attribution or origin of electronic mail, messages, or posting; (ix) harvest or collect PHI about any other individual who uses the Platform or the Services; (x) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
3.7 Digital Millennium Copyright Act (DMCA).
Red Canvas, LLC (“Company”, “us”, “we” or “our”) respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that Red Canvas LLC directly makes available on its and its affiliates.
The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. Upon taking down content under the DMCA, we will take reasonable steps to contact the owner of the content so that a counter-notification may be filed.
3.8 To File a Notification of Infringing Content.
A written notification must be made. This can be done either by fax or written letter (regular mail or courier) at:
Red Canvas, LLC
ATTN: Legal Department, DMCA Copyright Notices
18117 Biscayne Blvd #1136
Miami, FL 33160
Contact via email to firstname.lastname@example.org
DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
Please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address at which you may be contacted
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Your physical or electronic signature (i.e., “/s/ [print name]”); and
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
3.9 Disclaimer of Warranties. Red Canvas LLC DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THIS PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. Red Canvas LLC DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS PLATFORM, RELATED SERVICES, AND LINKED WEBSITES. Red Canvas LLC DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
3.9 Limitation of Liability Regarding Use of Platform.
EXCEPT AS PROVIDED BY LAW, AND WITHOUT LIMITATION: Red Canvas LLC SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF Red Canvas LLC. Red Canvas LLC AND ANY THIRD PARTIES MENTIONED ON THIS PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES.
3.10 Communication. If you provide us your email address, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the products or services we offer, such as administrative notices and service announcements or changes, or emails containing commercial offers, promotions or special offers from us.
3.13 Termination. We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Platform and/or the products or services offered on or through the Platform after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.
3.14 Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with American laws, and the courts of Florida will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of service.
3.15 Copyright. ©Red Canvas LLC 2022. All rights reserved. All materials presented on this Platform are copyrighted and owned by Red Canvas, LLC, or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this Platform is expressly prohibited.