Terms of Use

Refund Policy for ProCoach Coaching Services

For Clients of our Nutrition and Fitness Coaching Programs powered by Precision Nutrition’s ProCoach, we at Icarus Rising, LLC want you to get as much out of our program as possible. We guarantee that if you put in the work, you will benefit from our Programs. Within the first 30 days, if you don’t think you will benefit from the program we’ll refund every penny you spent and you’ll be on your way.

After 30 days, if you wish to end the program, simply contact us at least 7 days prior to your next bill, and we’ll stop billing you for the Service. For onetime payment clients: after first 30 days, you would be refunded the prorated amount based on your signup date. Beyond that point, any refunds on charged services will be less any costs incurred by Icarus Rising, LLC including, but not limited to, credit card processing fees.

In short, do what we ask to the best of your ability and work with your coach when needed. Follow the program. Trust in the process! And when it’s done, you get to decide whether we did a good job. Simple as that.

Here’s how it works to ensure the best results:

ProCoach (powered by Precision Nutrition)

Upon registration you will be sent intake forms that include Precision Nutrition’s Terms of Use. These terms can be found here: http://www.precisionnutrition.com/terms-of-use.

Terms & Conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with website (the “Service”) operated by Icarus Rising, LLC. (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.

Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. We will not be held responsible or liable for any failure for the Purchase to complete, or any resulting loss or damages to you.

Payment
You agree to pay, and authorize Icarus Rising, LLC’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products. All fees are in United States Dollars (USD) and are non-refundable except as required by law. Icarus Rising, LLC. is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

Feedback
We would love to hear from you, and welcome any feedback, comments and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing us catherine@icarus-rising.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Intellectual Property Questions? Ask me.
The Service and all contents, including but not limited to text, images, graphics or code are the property of Icarus Rising, LLC or its partners and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use, or to place an order with Icarus Rising, LLC. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark of Icarus Rising, LLC or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.

Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by Icarus Rising, LLC. Icarus Rising, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Icarus Rising, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Upon termination, your right to use the Service will immediately cease.

No Professional or Medical Advice; No Doctor-Patient Relationship

OUR COACHES ARE NOT HEALTHCARE PROFESSIONALS. OUR SERVICES AND THIS SITE DO NOT PROVIDE OR OFFER, AND ARE NOT A REPLACEMENT FOR, PROFESSIONAL MEDICAL EVALUATION, ADVICE, DIAGNOSIS OR TREATMENT (“MEDICAL ADVICE”). Icarus Rising, LLC. Provides the services for informational purposes only. Based on information that you request and/or provide to us, Icarus Rising, LLC provides you: (i) access to general health education and information; (ii) nutritional and other fitness advice from our Coaches; and (iii) references to other resources. While Icarus Rising, LLC believes that the information provided through our Services and the Site is current and reliable, Icarus Rising, LLC cannot and does not make any such guarantee or warranty.

YOU HEREBY AGREE THAT, BEFORE USING OUR SERVICES, YOU WILL CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROVIDER FOR MEDICAL ADVICE, PARTICULARLY IF YOU ARE AT RISK FOR PROBLEMS ARISING FROM CHANGES IN YOUR DIET OR LIFESTYLE.

Our Services are not intended to be used by Minors or individuals with health conditions that makes the kind of changes to diet or lifestyle suggested by our Services unsafe or inappropriate.  Furthermore, Icarus Rising, LLC shall have no obligation or responsibility to monitor your health status or health condition or to contact or alert any medical or emergency professional. Icarus Rising, LLC shall not be liable to you for your reliance on any information obtained through the use of the Services or this Site, and Icarus Rising, LLC disclaims all liability in connection with such information. This disclaimer shall not extend to damages caused directly and solely by Icarus Rising, LLC’s gross negligence or willful misconduct.

Assumption of Risk and Disclaimer
ICARUS RISING, LLC PROVIDES, AND YOU ACKNOWLEDGE AND AGREE THAT ICARUS RISING, LLC PROVIDES, THE SERVICES, THIS SITE AND ANY AND ALL MATERIALS RECEIVED BY YOU AS PART OF YOUR USE OF OUR SERVICES AND THIS SITE “AS IS” AND “WITHOUT WARRANTY” OF ANY NATURE OR KIND. ICARUS RISING, LLC GRANTS NO AND HEREBY DISCLAIMS ALL, WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES AND THIS SITE PROVIDED TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE, THIS SITE, OR CONTENT WITH WHICH IT IS LINKED. ICARUS RISING, LLCDOES NOT WARRANT THAT (I) YOUR USE OF THE SERVICES OR THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT IS WILL BE ALWAYS AVAILABLE OR ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) ANY OR ALL DEFECTS OR ERRORS IN THE SERVICES OR THIS SITE WILL BE CORRECTED OR (III) THAT THE SERVICES OR THE INFORMATION PROVIDED ON THIS SITE IS ACCURATE, CURRENT OR COMPLETE. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SERVICE OR ACCESS THERETO AT ANY TIME WITHOUT NOTICE TO YOU. TO THE EXTENT YOU COMMUNICATION WITH CUSTOMER SERVICE OR A ICARUS RISING, LLC.  REPRESENTATIVE THROUGH ANY SOURCES, THE STATEMENTS AND PROMISES MADE OR ACTIONS TAKEN BY THEM SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THESE TERMS OF USE AND THIS DISCLAIMER SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.

FURTHER, USING THE SERVICES MAY INVOLVE THE RISK OF PHYSICAL OR MENTAL INJURY OR ILLNESS. SPECIFIC RISKS VARY FROM ONE DIET OR LIFESTYLE CHANGE TO ANOTHER AND THE RISKS RANGE FROM MINOR INJURIES OR ILLNESS TO MAJOR INJURIES OR ILLNESS.  IN CONSIDERATION OF YOUR USE OF THE SERVICES, YOU UNDERSTAND AND VOLUNTARILY ACCEPT THE RISKS AND AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS ICARUS RISING, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM, DEMAND, DAMAGES, COSTS AND EXPENSES, INCLUDING ALL LEGAL AND OTHER REASONABLE FEES AND EXPENSES FOR INVESTIGATING OR DEFENDING ANY ACTION OR THREATENED ACTION (AS WELL AS SETTLEMENT COSTS) WHICH ANY OF THE INDEMNIFIED PARTIES MAY INCUR IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RESULTING FROM: (I) ANY BREACH BY YOU OF THESE TERMS OF USE; (II) YOUR USE OF THE SERVICE, YOUR  ACCOUNT(S), YOUR CLIENT CONTENT; AND/OR (IV) ANY VIOLATION BY YOU OF ANY LAW OR THIRD PARTY RIGHTS, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL, BODILY, OR MENTAL INJURY, WRONGFUL DEATH, EMOTIONAL DISTRESS, ECONOMIC LOSS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM OR ANY DAMAGE TO YOU, YOUR SPOUSE, UNBORN CHILD, OR OTHER THIRD PARTIES RESULTING FROM YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE NEGLIGENCE OF ICARUS RISING, LLC OR ANYONE ON ICARUS RISING, LLC’S BEHALF. YOU UNDERSTAND AND ACKNOWLEDGE THAT ICARUS RISING LLC IS PROVIDING INFORMATIONAL SERVICES ONLY AND MAY NOT BE HELD LIABLE FOR DEFECTIVE PRODUCTS.

Limitation of Liability

IN NO EVENT SHALL ICARUS RISING, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE: (I) TO YOU FOR ANY PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA OR GOODWILL, LOSS OF PROGRAMS, LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR COST OF SERVICE INTERRUPTIONS) ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THIS SITE,THE SERVICES MOBILE APPLICATION SOFTWARE (IF ANY) AND ANY AND ALL EQUIPMENT OR DEVICES RECEIVED BY YOU AS PART OF YOUR USE OF IN THE SERVICES, EVEN IF ICARUS RISING, LLC OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) TO ANY PERSON OTHER THAN YOU FOR ANY DAMAGES WHATSOEVER.

IN ADDITION, ICARUS RISING, LLC DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER CLIENTS OR UNAUTHORIZED USERS (E.G., “HACKERS”) OF THE SERVICES. EXCEPT WHERE DUE TO ICARUS RISING, LLC’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IN NO EVENT SHALL ICARUS RISING, LLC BE LIABLE TO YOU OR ANYONE ELSE FOR ANY AMOUNT IN EXCESS OF THE AMOUNTS PAID BY YOU (OR BY A THIRD PARTY ON YOUR BEHALF, AND ONLY TO THE EXTENT SUCH AMOUNT IS DIRECTLY ATTRIBUTABLE TO YOU AND NOT ANOTHER CLIENT) TO ICARUS RISING, LLC FOR ACCESS TO THE ONLINE SERVICES AND THIS WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.

Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the State of Colorado and the laws of United States, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Privacy Policy

If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at Privacy. At www.icarus-rising.com we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information is collected and recorded by www.icarus-rising.com and how we use it.

Log Files
Like many other Web sites, www.icarus-rising.com makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’s analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses, and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons
www.icarus-rising.com uses cookies to store information about visitors’ preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors’ browser type or other information that the visitor sends via their browser.

DoubleClick DART Cookie

→ Google, as a third party vendor, uses cookies to serve ads on www.icarus-rising.com.
→ Google’s use of the DART cookie enables it to serve ads to our site’s visitors based upon their visit to www.icarus-rising.com and other sites on the Internet.
→ Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL – http://www.google.com/privacy_ads.html

Our Advertising Partners
Some of our advertising partners may use cookies and web beacons on our site. Our advertising partners may include …….

While each of these advertising partners has their own Privacy Policy for their site, an updated and hyperlinked resource is maintained here: Privacy Policies.  You may consult this listing to find the privacy policy for each of the advertising partners of www.icarus-rising.com.

These third-party ad servers or ad networks use technology in their respective advertisements and links that appear on www.icarus-rising.com and which are sent directly to your browser. They automatically receive your IP address when this occurs. Other technologies (such as cookies, JavaScript, or Web Beacons) may also be used by our site’s third-party ad networks to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on the site.

www.icarus-rising.com has no access to or control over these cookies that are used by third-party advertisers.

Third Party Privacy Policies
You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. www.icarus-rising.com’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites. You may find a comprehensive listing of these privacy policies and their links here: Privacy Policy Links.

If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies?

Children’s Information
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity.
www.icarus-rising.com does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that www.icarus-rising.com has in its database the personally-identifiable information of a child under the age of 13, please contact us immediately (using the contact in the first paragraph) and we will use our best efforts to promptly remove such information from our records.

Online Privacy Policy Only
This privacy policy applies only to our online activities and is valid for visitors to our website and regarding information shared and/or collected there. This policy does not apply to any information collected offline or via channels other than this website.

Consent
By using our website, you hereby consent to our privacy policy and agree to its terms.

Update
This Privacy Policy was last updated on: Saturday, December 8th, 2017.
Privacy Policy Online Approved Site
Should we update, amend or make any changes to our privacy policy, those changes will be posted here.

 

© Icarus Rising LLC
THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. BY USING THIS SITE AND/OR OUR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS INCORPORATED BY REFERENCE.