Terms of Service
This Terms of Service Agreement (“Agreement”) is a legally binding contract between you and Profile Development, LLC and/or Franchisee (defined below) (“Profile”, “we” or “us”) and governs your use of the Service (as defined below). Read the terms and conditions of this Agreement carefully before continuing. Children under the age of majority should review this Agreement with their parent or legal guardian to ensure that you and your parent or legal guardian understand it. BY PROCEEDING WITH PROFILE REGISTRATION OR USE OF THE SERVICE, YOU INDICATE YOUR ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THOSE REGARDING ASSUMPTION OF RISK AND THE LIMITATION OF PROFILE’S LIABILITY. IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, DO NOT PROCEED WITH PROFILE REGISTRATION OR USE OF THE SERVICE. By using the Site, as defined herein, or the Service after we post any changes to these Terms and Conditions, you accept the changes upon such use of the Site or the Services, whether or not you have reviewed the changes or not. Profile may modify this Agreement at any time without notice to you.
Capitalized terms used in this Agreement have the meaning ascribed to them in this Section.
“Acceptance Date” means the date you indicate your acceptance of this Agreement by proceeding with Profile registration or the purchase or use of Profile Precise.
“Appointments” means your meetings with a Profile Coach while receiving the Service.
“Client” means, collectively, any individual who has registered for the Service or purchased or used Profile Precise.
“Client Data” means the data about you that Profile gathers in the course of providing the Service or your use of Profile Precise, including but not limited to your contact information, physical characteristics, genetic information, medical history and physician information, lifestyle habits, eating habits and caloric intake, changes in weight, and progress with respect to exercises and activities. “Client Data” also includes recordings of virtual or telephone conversations and any information that you post on the Profile-operated website or any Profile-affiliated electronic interface at any time before, during or after your receipt of Services.
“Confirmation Email” means any e-mails providing instruction on the Services, and/or confirming your Plan selection, participation in the Services, and/or purchase of Services from Profile. Certain Clients may request that Confirmation Emails be sent in a paper format.
“Documentation” means, collectively, all Client guides, protocols, Plan(s), Profile Precise test results, Confirmation Emails, and other reference materials generally furnished by Profile with respect to the Service, whether in printed or electronic format, as may be updated by Profile from time to time.
“Franchisee” means any individual, group of individuals, or legal entity or entities in which Profile Franchising, LLC has a contractual franchise relationship.
“Membership Fee” means, as set forth in the Plan, the charge to the Client for Services provided by Profile. The Membership Fee may vary at different Participating Properties and is subject to change.
“Membership Voucher” means an official offer created by Profile that waives all or part of the charge for the Service.
“Participating Properties” means all Profile and Franchisee store locations in the United States.
“Plan” means one or more packages of a defined set of benefits comprising the Service, which are offered to a Client in exchange for a Membership Fee or Membership Voucher.
“Profile Coach” means an employee of Profile or a Franchisee who has been engaged or assigned by Profile or a Franchisee to consult with and make recommendations to Clients as part of the Service.
“Profile Precise” means Profile’s genetic test to determine nutrition markers.
“Profile Products” means, but is not limited to, the scale, wireless activity tracker, blood pressure monitor, digital tape measure, wireless bridge, food products, Profile Precise test kit, and any other equipment provided by Profile to you for purchase as part of the Plan and Service.
“Promotional Event” means any event, presentation, exhibition, display, class, competition, contest, tournament, match, or other occurrence that Profile, Profile Coaches, or Profile employees, host, lead, provide services for, contribute to, sponsor, or otherwise direct or control for an advertising, marketing, promotional, or other business purpose whether on Profile property or otherwise. Promotional Events include, without limitation, exercise or fitness classes or lessons, yoga, workouts, and other physical activities.
“Proprietary Information” means all non-public business or technical information or materials disclosed to you by Profile or any Profile Coach, including the Documentation, any educational materials, any method of carrying out or delivering the Service, and any pricing or commercial terms related to the Service, including the price you have paid for the Plan and Service.
“Service” means Profile’s weight loss and weight management program, which is delivered in one or more Plans and may include Profile Precise if you choose to purchase it and to incorporate it into your Plan.
“Site” means the Profile-operated website through which the Service is made available to you.
“Subsidiary” means any entity controlling, controlled by, or under common control of Profile.
“Weight Loss Goal” means your specific weight loss percentage as defined in the Plan or such other agreed upon weight loss percentage that would not drive your weight below a healthy weight range.
- Use of the Service
2.1 General. Subject to the terms and conditions of this Agreement, and during the term of this Agreement, Profile grants you a non-exclusive and non-transferable right to access and use the Service in accordance with the terms of this Agreement, a specific Plan, and any Documentation made available to you by Profile. The Service has been designed by Profile with the goal of assisting people with weight loss and weight management. YOU UNDERSTAND AND AGREE THAT INDIVIDUAL RESULTS VARY. You also understand and agree that we may, but are not obligated to, modify the Service, Plan, and the Documentation for a variety of reasons, including for consistency with the most recent weight loss and weight management research. Your specific Weight Loss Goal will be modified to a lower agreed upon weight loss percentage if your weight loss would drive your weight below a healthy weight range.
2.2 Profile Promise. Subject to the below terms and conditions, if you follow your Plan, you will lose at least fifteen percent (15%) of your body weight or a lesser agreed upon goal within one year or Profile will extend your Profile Membership for an additional twelve (12) months at no charge to you (the “Profile Promise”). The Profile Promise is subject to the following terms and conditions: (1) you must attend a minimum of 20 Appointments; (2) you must attend your first six Appointments in six consecutive weeks; (3) you must attend your next 14 Appointments no more than 21 days from your previous Appointment; (4) you must weigh in on your Smart Body Scale provided by Profile at least twice per month; (5) you must purchase Profile Products according to the Plan; and (6) you must comply with this Agreement and all dietary and activity recommendations provided to you by Profile and your Profile Coach(es). The Profile Promise is null and void if: (a) you lose fifteen percent (15%) of your body weight or the lesser agreed upon amount of weight during the first year but then regain weight; (b) it is not appropriate or healthy for you to lose fifteen percent (15%) of your body weight or the lesser agreed upon goal (your body weight must be in the healthy BMI range); or (c) you have or develop a health or medical condition that prevents you from losing fifteen percent (15%) of your body weight or the lesser goal, or the health or medical condition makes it inappropriate for you to do so. You will be responsible for the cost of all Profile Products associated with following your Plan even if you have paid for a Membership that includes Profile Products (i.e., bundled Memberships); Profile will not pay the cost of your Profile Products in any event. Once you’ve lost 15% of your body weight or the lessor agreed upon goal, the Promise is fulfilled. You must put forth a good faith effort to fulfill the Profile Promise.
2.3 Profile Coaches. As part of the Plan and Service, Profile will provide you with access to Profile Coaches, who will consult with you virtually or in person. You agree to work with your Profile Coaches in good faith solely with respect to the Service, and you will not seek consultation from your Profile Coaches for any other purpose. Unless instructed otherwise by Profile, you agree to conduct your sessions with Profile Coaches alone, with no observers, and you will not record any such session in any way.
2.4 Profile Precise. Profile Precise is a genetic test that uses a cheek swab to collect a DNA sample to determine nutrition-related markers. You agree Profile may use the results of the test to provide you with general nutritional advice that may be used with your Plan. You agree and give consent to Profile, its third party contractors, successors and assignees to perform genetic services on the DNA extracted from the saliva sample you provide. You confirm that you are above the age of majority in the jurisdiction in which you reside and that you have voluntarily given your informed consent to have your saliva samples tested for nutrition-related genetic markers. Your use of the Profile Precise services is voluntary.
The physical risks of the saliva test are minimal and related to inserting the swab sample collection tool into your mouth and wiping the inside of your check. Waiting for and receiving your results may present certain psychological risks or create anxiety for you. You may have emotional reactions to learning the results of the test. You may experience anxiety about sharing the results of your test with other people, including your family, who may have similar genetic markers. Therefore, you may want to meet with or discuss the Profile Precise test with your healthcare provider before deciding to participate.
There are possible economic risks of genetic testing that may affect your ability to obtain life, long-term care, or disability insurance. Your insurer may request information about the test results or ask if you have had a genetic test.
You agree and understand:
- the nature and purpose of the Profile Precise test
- the effectiveness and limitations of the test
- the possible consequences of submitting the DNA sample for testing
- the risks and benefits of the Profile Precise test and its results
- you may experience anxiety from going through the testing process and/or receiving the results.
- to consult with your healthcare provider if you have any questions about the test and/or legal advisor about any insurance or other legal implications of taking the test
- the possible uses and disclosures of your de-identified data by Profile, including for future commercial or research purposes, or other uses determined exclusively by Profile
- that genetic testing is optional and is not required to participate in the Profile Program.
- you have been able to ask your Profile representative about all of your questions regarding this test and your questions were satisfactorily answered.
Once you submit your saliva sample, it is shipped to Profile’s third party contract laboratory, where the sample is irreversibly processed and it cannot be returned to you. The test results are reported to and analyzed by Profile. Any genetic information taken from your saliva sample remains your information but is subject to the rights that are expressed in this Agreement and Profile’s Privacy Statement. Profile’s third-party contractor laboratory is measuring the copy number variation of genetic markers associated with the production of the enzyme, amylase by your body. Profile interprets this information to provide general nutrition advice related to macronutrient intake. Future genetic research may change how your DNA is interpreted by Profile. Profile Precise is currently not available in Maryland, New Jersey, and New York. In addition, Profile and/or select Franchisees may not, in its or their sole discretion, offer Profile Precise at your Site or may impose additional requirements for you to obtain Profile Precise. Profile does not guaranty that Profile Precise is available at every Site.
2.5 Your Health. PROFILE AND ITS FRANCHISEES ARE NOT MEDICAL ORGANIZATIONS. YOU SHOULD NOT CONSIDER THE SERVICE OR THE DOCUMENTATION AS MEDICAL ADVICE OF ANY KIND, AND THE SERVICE IS NOT INTENDED TO TREAT ANY ILLNESS, DISEASE, OR ADVERSE MEDICAL CONDITION. Profile and its Franchisees are not licensed medical care providers, and we have no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition. You are urged and advised to seek the advice of a physician before beginning your use of the Service, and to get periodic medical check-ups as recommended by your primary care physician. The information and reports generated by Profile or its Franchisees should not be interpreted as a substitute for physician consultation, evaluation, or treatment. By using the Service, you represent that you are healthy enough to begin a weight loss regimen that includes dieting and exercise. If you are currently under the care of a health care professional or are living with a chronic health care condition, you represent that you have obtained the express approval from a health care professional to receive the Services before beginning. Never disregard professional medical advice or delay in seeking it because of something you have been told by Profile staff or any Profile Coach.
2.6 Profile Precise Testing Limitations. Profile Precise Services are for informational and educational use only. No medical advice, diagnosis, or treatment is provided with regard to any Profile Service, including Profile Precise, and is not intended to substitute for professional medical advice, diagnosis, or treatment. The genetic information reported has not been clinically validated. Profile’s laboratory may not be able to process your sample and the analysis may result in errors or inaccurate results. The laboratory may not be able to process your sample if your saliva sample does not contain enough DNA volume, you do not provide enough saliva, or the results do not meet the requisite quality and accuracy standards of Profile’s third party contract laboratory. If the laboratory processing fails because of any of these reasons, the Client has one of two options: (1) Profile will process the same saliva sample without any additional charges to the Client. If the second attempt fails, Profile will offer to ship another kit to the Client to collect a second saliva sample at no charge; or the Client may elect a full refund of the amount paid to Profile for Profile Precise testing. Despite established standards for the processing of saliva samples, a small fraction of data processed during the laboratory process may not be capable of interpretation or may be incorrect (“Errors”). Clients are not entitled to refunds arising from Errors.
2.7 Registration and Use of the Site. You represent and warrant that the data that you provide about yourself in filling out the Profile account registration form are and will remain accurate and complete, and you agree to update such data as necessary to maintain its accuracy, including without limitation your email address. You agree not to (i) select, register, or attempt to register, or use a user name of another person with the intention of impersonating that person; (ii) use a user name of anyone else without authorization; (iii) use a user name in violation of the intellectual property rights of any person; or (iv) use a user name that Profile considers in its sole discretion to be offensive. Profile reserves the right to reject or terminate the registration of any user name or password that, in its sole judgment, violates a provision of this Agreement. You are responsible for maintaining the confidentiality of the login and password you use to access the Site. You will be responsible for all uses of your login and password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of the Site, including any unauthorized use of your login or password. Profile in its sole discretion reserves the right to remove any content posted by users on the Site or any Profile-affiliated electronic interface.
2.8 Restrictions. You may not: (a) license, sell, transfer, distribute, or otherwise commercially exploit or make available to any third party, access to the Service or any of the Documentation; (b) modify or make derivative works based on the Documentation or the Site; (c) use any robot, spider, or other automatic device or manual process to monitor or access the Site, record any interaction with a Profile Coach, or in any way duplicate the Documentation; (d) copy any content, features, functions, or graphics of the Documentation or the Site other than in connection with your own personal use of the Service; (e) use the Site or the Service in a manner intended to abuse or violate the privacy or property rights of others; (f) tamper with or knowingly take any other action that may negatively affect the use of the Service or Documentation, or the functionality of the Site or any Profile Products; (g) reverse engineer, disassemble, or decompile the Site or any Profile Products; (h) use the Service, Site, Documentation, or Profile Products to build a competitive website or service, or to build a product or service using similar ideas, features, or functions; or (i) resell, distribute, or otherwise give Profile Products, Services, or Documentation to any third parties unless explicitly authorized by Profile.
2.9 Use by Minors. Any Client under the age of majority (18 or 19 years old, depending on where you live) must have a signed physician referral form and a signed parent/guardian consent form before using the Service. Profile Precise is not available to any Client under the age of majority in the state in which they reside.
3. Use and Participation in the Services
3.1 Weight Loss Services. You are urged and advised to seek the advice of a physician before beginning any weight loss effort or change in diet or program. Profile is intended for use only by healthy individuals. Pregnant women, individuals with any type of health condition, or individuals taking medications or supplements are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or regimen, and it is such individual’s responsibility to seek medical advice or referral. Profile is not responsible for an individual’s failure to consult with a medical professional and disclaims all liability arising from such failure. Not all Promotional Events, exercises or activities recommended by Profile or any of the Profile Coaches, or otherwise made available on the Site or in the Documentation, are suitable for everyone. You understand and agree that when participating in any Promotional Event, exercise or exercise program, there is the possibility of injury or death. As such, YOU AGREE TO USE YOUR OWN JUDGMENT AT ALL TIMES DURING YOUR PARTICIPATION IN A PROMOTIONAL EVENT OR USE OF THE SERVICE IN ORDER TO DETERMINE IF ANY RECOMMENDED EXERCISE OR ACTIVITY IS SUITABLE FOR YOU. If you feel any discomfort or pain, including but not limited to constipation, muscle cramps, dehydration, diarrhea, dizziness, dry or cold skin, fatigue, gallbladder inflammation or gallstones, gout, hair loss, headaches, heart palpitations, loss of lean body mass, irregular or stopping of menstruation, or reduced tolerance to cold during your participation in a Promotional Event or use of the Service, you must immediately stop the exercise or activity causing such discomfort or pain, consult with a physician, and dial 911 using your telephone if you need emergency help. Losing weight may affect some medical conditions and medications. Your physician may need to adjust your medications due to changes in your diet, exercise, or weight while on this program or using the Service. You should discuss your continued participation in the Profile program and the Services with your physician. Profile and Profile Precise will not be responsible for any health problems or injuries that you may experience as a result of receiving the Services or Participating in a Promotional Event, including from training programs, products, or events you learn about through the Service or in a Promotional Event. YOU HEREBY AGREE THAT YOUR PARTICIPATION IN A PROMOTIONAL EVENT OR USE OF THE SERVICE, INCLUDING YOUR USE OF ANY EXERCISE PROGRAM RECOMMENDED BY PROFILE OR ANY PROFILE COACH, IS AT YOUR OWN RISK AND THAT YOU ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES, EVEN IF ANY ASPECT OF THE SITE OR DOCUMENTATION IS INACCURATE, INCOMPLETE, OR INAPPROPRIATE IN THE MANNER IT WAS PRESENTED. You Assume All Risk in Using the Service and participating in any Promotional Event.
3.2 Waiver. You assume full responsibility for any injury or accident that may occur during your use of the Services or Participation in a Promotional Event. YOU HEREBY, FOR YOURSELF AND YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, FOREVER RELEASE, HOLD HARMLESS, AND DISCHARGE PROFILE, AND THEIR PARENTS, AFFILIATES, AND SUBSIDIARIES, AND EACH OF THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, VOLUNTEERS, PROFILE COACHES, EMPLOYEES AND BENEFICIARIES (COLLECTIVELY, THE “ORGANIZERS”), FROM AND AGAINST ANY AND ALL RIGHTS AND CLAIMS FOR INJURIES OR DAMAGES YOU MAY HAVE ARISING IN ANY MANNER FROM YOUR PARTICIPATION IN A PROMOTIONAL EVENT OR USE OF THE SERVICES, REGARDLESS OF WHETHER SUCH INJURIES OR DAMAGES RESULT FROM THE NEGLIGENCE OF THE ORGANIZERS AND REGARDELSS OF WHETHER SUCH INJURIES OR DAMAGES ARE CAUSED BY RISKS KNOWN, UNKNOWN OR NOT REASONABLY FORESEEABLE AT THIS TIME, OR OTHERWISE.
3.3 Content and Information. The contents of the Site and Documentation, including but not limited to Profile Precise results, text, graphics, images, videos, and information, whether created by Profile or licensed from a third party, are for informational and educational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on said information, you should confirm any facts that are important to your decisions. Profile and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the Site and in the Documentation. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The genetic information obtained from Profile Precise you share with other people can be used against your best interests, so you should be very cautious when sharing your genetic information.
- Term and Termination
4.1 Term. Unless otherwise specified during the sign up process, the term of this Agreement will begin on the Acceptance Date and will continue for an initial term of 12 months from the Acceptance Date. Unless Profile elects not to renew your membership, Profile will send a notice of renewal to you, which will set forth the associated annual Membership Fee before the end of the initial term. If you agree to renew in accordance with the notice of renewal, the term of this Agreement will continue for a 12-month renewal term, and the foregoing notice and renewal process will be repeated.
4.3 Effect of Termination. Upon the termination of this Agreement, you agree to delete all copies of any Documentation in your possession or control.
4.4 Survival. Sections 2.6, 3, 4.3, 5.1, 5.3, 5.4, and 6 through 10 will survive the termination or expiration of this Agreement. In addition, any provisions in this Agreement that by their nature would be expected to survive the termination of this Agreement shall survive and not be affected by termination or expiration.
5.1 Membership Fee. Your Membership Fee is presented to you during the registration process and in the Plan and/or Confirmation Emails. Unless otherwise specified during registration, the Membership Fee is for a full one-year term, and you are responsible for the full Membership Fee from the Acceptance Date, even if you stop using the Service before the end of one year. Your Membership Fee entitles you to access a Profile Coach but in the event you do not purchase a minimum of $25.00 in Profile Products per Profile Coach visit, you will compensate Profile in the sum of $40.00 for said visit.
5.2 Promotions. Any promotion or Membership Voucher offered has no independent cash value and may not be combined with any other offers.
5.3 Taxes. You will be responsible for all taxes of whatever kind or nature imposed by any governmental authority upon any Services provided to you hereunder, exclusive taxes based upon Profile’s income or property.
5.4 Shipping Costs. Client shall be responsible for all shipping costs associated with orders of Profile Products.
5.5 Refunds. Subject to any applicable state or federal laws, the Profile Promise or as otherwise provided in this Agreement, there are no refunds of Membership Fees. Profile reserves the right to freeze a Client’s Membership within Profile’s sole discretion. THERE ARE NO REFUNDS OR MODIFICATIONS OF FOOD ORDERS OR PURCHASES. However, if you are unsatisfied with the food products you purchased, Profile will allow you to exchange any unopened, unexpired food products for other food products of an equal or lesser value.
- Referral Program
6.1 Physician Referral Program. If you become a Client following recommendation by a physician you may be eligible for a Membership Voucher or discounted Membership Fee pursuant to further Documentation provided by Profile. Offers and discounts are not available at all Profile locations and participation may vary. Offers and discounts are subject to change in Profile’s sole and absolute discretion.
6.2 Employer Referral Program. If you become a Client through your employer’s contractual relationship with Profile, you are entitled to a discounted Membership Fee and/or a discount on all food products pursuant to the agreement Profile has with your employer so long as Profile has an agreement with your employer. Offers and discounts are subject to change.
6.3 Client Referral Program. Profile offers an optional referral program. If you opt in to participate in the program in accordance with further Documentation provided by Profile, you may be entitled to free or discounted food products and/or Profile Products and Service.
6.4 Promotional Events. Profile may offer Promotional Events from time to time, and said Profile events shall be subject to the terms and conditions of this Agreement and any further Documentation provided by Profile.
- Proprietary Rights
7.1 Reservation of Rights by Profile. Profile is the owner or licensor of all rights, title, and interest in the Service, Site, Documentation, and Profile Products, including all related intellectual property and other proprietary rights therein. No rights in these items are granted to you except as expressly set forth in this Agreement. You acknowledge and agree that the Service, Site, Documentation, and Profile Products, and any technology, written materials, and logos used in connection with these items, contain Profile’s and its licensors’ intellectual property and other Proprietary Information, and are protected by United States and international intellectual property and other laws. Your infringement or misappropriation of such intellectual property and other Proprietary Information could expose you to both civil and criminal penalties under applicable laws.
7.2 License to Client Data. You grant, and represent and warrant that you have the right to grant, Profile a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual right and license to store, copy, and use Client Data in order to (a) provide the Service to you, which may include disclosing de-identified Client Data with, Franchisees, Profile vendors, contractors, or subcontractors (b) analyze and improve the Service, Site, Documentation, and Profile Products, (c) conduct internal research on the efficacy of the Service, Site, Documentation, and Profile Products in order to improve the Service and Profile Products, and (d) using de-identified Client Data, to market and advertise Profile, the Service and the Profile Products. You further grant Profile permission to disclose to Franchisees and third parties selected by Profile and publish de-identified Client Data (i.e., Client Data that is made anonymous by removing your name and other identifiers that could foreseeably be used to identify you) for any purpose selected by Profile, including but not limited to commercial uses or as part of research studies, academic papers, and scholarly articles based on any such research. You acknowledge that either Profile or Franchisees on behalf of Profile may collect Client Data for the uses described herein.
7.3 Suggestions. You hereby grant Profile a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual right and license to use or incorporate into the Service, Site, Documentation, and Profile Products any ideas, suggestions, enhancement requests, recommendations or other feedback that you provide to us.
7.4 Copyright Notices. If you believe any materials on the Site or in the Documentation infringe your copyright, you may request removal of those materials by providing the following information (in one document): (1) the identity and location of the copyrighted work that you believe to be infringed, (2) the identity and location of the material that you believe infringes the copyrighted work, (3) your name, address, telephone number and (if available) e-mail address, (4) a statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law, (5) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf, and (6) a signature, or the electronic equivalent, from the copyright holder or authorized representative. All requests should be sent to: Profile Development, LLC, Attn: Legal Department, P.O. Box 5039, 1305 W. 18th Street, Sioux Falls, SD 57117-5039. We will provide notice to you if we believe you are violating the copyright of any content on the Site. We may provide general notice to you and others on any of our websites, by electronic mail to your e-mail address in our records, or by written communication sent by mail to your physical address in our records.
8.1 Your Obligations. You may not, without Profile’s prior written consent (a) use the Proprietary Information except in conjunction with your use of the Service, or (b) disclose any of the Proprietary Information to any other person.
8.2 Profile’s Obligations. Profile will use commercially reasonable efforts to safeguard Client Data and any other information we collect about you in accordance with Profile’s Privacy Statement.
- No Warranties; Limitation of Liability; Indemnification
9.1 Disclaimer of Warranties. THE SERVICE, EACH PROMOTIONAL EVENT, THE SITE, THE DOCUMENTATION, AND PROFILE PRODUCTS ARE PROVIDED BY PROFILE OR ITS FRANCHISEES STRICTLY ON AN “AS IS”, WITH ALL FAULTS, AND “AS AVAILABLE” BASIS. NEITHER PROFILE NOR ITS FRANCHISEES REPRESENT OR WARRANT THAT THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE. PROFILE AND FRANCHISEES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
9.2 Limitation of Liability. THE CUMULATIVE AGGREGATE LIABILITY OF PROFILE, ITS SUBSIDIARIES, AND FRANCHISEES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, OWNERS, MANAGERS, MEMBERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (INCLUDING THE PROFILE COACHES), ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR PARTICIPATION IN A PROMOTIONAL EVENT, OR YOUR USE OF THE SERVICE WILL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL PROFILE, ITS SUBSIDIARIES, OR FRANCHISEES OR THEIR OFFICERS, DIRECTORS, TRUSTEES, OWNERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (INCLUDING THE PROFILE COACHES), HAVE ANY LIABILITY FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES INCURRED BY YOU (INCLUDING DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST WAGES), REGARDLESS OF HOW SUCH DAMAGES ARISE AND REGARDLESS OF WHETHER OR NOT PROFILE WAS ADVISED SUCH DAMAGES MIGHT ARISE. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION CONSTITUTE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROFILE.
9.3 Indemnification. You agree to defend and indemnify Profile, its Subsidiaries, and Franchisees, and each of their officers, directors, trustees, owners, managers, members, employees, agents, and representatives (including the Profile Coaches) against any claim, demand, action, lawsuit, and liability (including reasonable attorneys’ and experts’ fees) arising out of, or alleged to result from the automatic payment services, your use of the Services, any Promotional Event, or your breach of this Agreement.
10.1 Your Online Data. You acknowledge and agree that Profile and its Franchisees shall have access to your online account associated with your Profile Products (including your account on https://www.profileplan.com/) so that we may monitor your data on these accounts. For avoidance of doubt, all such data will be deemed Client Data for purposes of this Agreement.
10.2 Subcontractors. Profile may subcontract some or all of its obligations under this Agreement without providing any prior notice to you.
10.3 Links. You are usually free to establish a hypertext link to the Site so long as the link does not state or imply any sponsorship or endorsement of your site by Profile or any of Profile’s agents, successors, assigns, or partners. However, you must confirm the copyright policies of the page to which you wish to post a link to ensure that no such policies prohibit such links. We may provide links to third-party websites on the Site. We do not recommend and do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party sites and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
10.4 No Third Party Beneficiaries. Nothing in this Agreement is intended to create any rights in, or confer any benefits upon, any person or entity other than you and Profile.
10.5 Assignment. You may not assign, delegate or otherwise transfer your rights or obligations under this Agreement or this Agreement in its entirety to any other person or entity. Profile Development, LLC may assign, delegate, or otherwise transfer its rights and/or obligations in whole or in part and at any time under this Agreement or this Agreement in its entirety to any Franchisee or Subsidiary in Profile Development’s sole and absolute discretion, without prior notice, and Client hereby consents to such assignment. A Franchisee may not assign, delegate, or otherwise transfer this Agreement or any rights or obligations hereunder without Profile Development, LLC’s prior written consent, but without Client’s consent; provided, however, Franchisee may assign, delegate, or transfer this Agreement to Profile Development, LLC. Client specifically acknowledges that all or part of this Agreement may be fulfilled by Profile, its Subsidiaries, or its Franchisees.
10.6 Amendments. Profile may amend this Agreement at any time without notice to you.
10.7 Use of “Including”. Wherever the word “including” is used in this Agreement, it is not intended to limit the proposition preceding it, but is rather intended to mean “including but not limited to.”
10.8 Force Majeure. Neither party will be responsible for delays or failure in performance (other than failures to make payments due under this Agreement) resulting from acts beyond the reasonable control of such party, including acts of God, strikes, lockouts, riots, acts of war, terrorism, epidemics, fire, communication line failures, power surges or failures, earthquakes or other disasters.
10.9 Governing Law; Jurisdiction and Venue. The Services and this Agreement, including without limitation this Agreement’s interpretation, shall be treated as though this Agreement were executed and performed in Sioux Falls, South Dakota, and shall be governed by and construed in accordance with the laws of the State of South Dakota without regard to its conflict of law principles with exclusive venue for resolution of disputes in the State Circuit Court for the Second Judicial Circuit, Minnehaha County. ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH ABOVE. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
10.10 Entire Agreement. This Agreement, the Terms and Conditions of Use, the Profile Privacy Statement, and the Confirmation Emails constitute the sole and complete agreement between the parties with regard to the Service, and supersede all prior and contemporaneous agreements, proposals, representations, warranties, or promises, whether written or oral, relating to the Service.
10.11 Severability. If any provision of this Agreement is adjudicated to be contrary to law, the provision will be modified and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement will remain in effect.
10.12 Notice. All notices, permissions, and approvals hereunder will be in writing and will be deemed to have been given if personally delivered or deposited into the United States mail in a properly stamped envelope, certified or registered mail, return receipt requested, addressed to the party to whom it is to be given. Profile will send notices to the address you provide to Profile during your use of the Service. You agree to send notices to Profile at the following address:
Profile Development, LLC
Attn: Legal Department
P.O. Box 5039
Sioux Falls, SD 57117- 5039
10.13 Construction of Headings. The captions or headings are for convenience only and are not intended to limit or define the scope or effect of any provision of this Agreement.
10.14 Version. Last updated September 3, 2019. This Agreement was written in English (US).To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
Profile acknowledges and respects an individual’s right to privacy. We take your concerns related to privacy and security seriously. We, therefore, want you to know how we may collect, use, share, and protect your information. In addition to this Privacy Statement, visitors to the Profile Sanford website should consult the Profile terms and conditions pages.
This Privacy Statement applies to www.profileplan.com, www.profileplan.com, www.profileperform.com, www.donewithdiets.com and the pages included within these domains (collectively our “website”). Other websites maintained by Sanford Health, such as www.sanfordhealth.org operate under different Privacy Statements and Terms and Conditions which can be accessed at those separate websites.
Information We Collect and How It Is Used
Visitors can browse the Profile website without providing any personal information. Certain pages contain forms that give visitors the option of providing us with contact information including name, physical address, phone, employer and email address if you choose to sign-up for more information with Profile. Providing this information is voluntary. The information you submit is shared internally with Profile employees who need this information to help respond to your request or improve Profile operations. Information submitted may be also be used to evaluate the technical functionality of our website. Information provided may also be utilized to address inappropriate use or communications associated with our website.
Newsletters, Email Communications, and Other Related Services
Profile offers you the opportunity to receive e-newsletters and e-publications related to Profile services, products, news, and announcements. You can unsubscribe at any time through the contact information contained in those communications.
Other communications that you send to us via email may be shared with a customer service representative, employee, medical expert or other Profile employee that is best able to respond to your inquiry. Email communications are not completely secure or confidential. It is possible that an email may be accessed or read by other Internet users. Please do not use email for communications you wish to keep protected and secure.
Becoming a Registered User and Customer
In order to access Profile products and services online, you must first register. During your registration, you may be required to provide personal information such as name, address, email address, zip code, date of birth. You may also be required to provide payment and billing information should you choose to subscribe or purchase Profile products or services. This information is used to help us manage the users of our website, to improve our website functionality, to contact our website users about requested products or services, and for billing purposes.
Our Internet server automatically tracks the Internet Protocol (IP) address of the computers that access our site. An IP address is a number that is assigned to your computer when you access the Internet. IP addresses are not personally identifiable information because different individuals may use the same computer to access the Internet. Sanford Health, in addition to Profile, may use this information to evaluate how visitors navigate our websites and help improve the content.
Profile, or any third party advertising partners we choose to work with, may employ various tracking technologies such as cookies, web beacons and analytics software. These tools help us manage the content on our websites by informing us what content is useful to visitors.
When you visit our website we send one or more cookies to your computer or other internet browsing device. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your browsing experience. Cookies may facilitate additional website features for enhanced performance of your web experience such as remembering preferences, allowing social interactions, analyzing usage for website optimization, providing custom content, allowing third parties to provide social sharing tools, and delivering images or videos from third-party websites. Some features of our website will not function if you do not allow cookies. We may link the information we store in cookies with any other information you submit while on our website.
We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your internet browser. A persistent cookie is stored on your computer. Cookies enable us to track and target the interest of our visitors to enhance your experience on our website. You can learn how to remove persistent cookies by following the directions provided in the “Help” portion of your Internet browser.
We may use Web Beacons alone or with cookies to collect information about our website content. Web Beacons are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allows verification that a user has viewed the web page or email. Web Beacons may be used to track web page visits or form submissions. In some cases, the Web Beacon may be tied to the information submitted by visitors to our website. This technology allows us to evaluate the effectiveness of our website and any Sanford Health advertising or marketing campaigns.
Third Party Tracking Technologies
We and any third party tracking-utility parties we partner with may use log files on our website to gather certain information automatically and store for analytical purposes. This information includes internet (IP)addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to track and compile non-personal information to analyze trends, monitor visitor traffic within our website content, and gather aggregate demographic information about our visitors. We may combine this log file information with other information we collect from or about you to help improve the services we offer, our marketing, analytics or website functionality.
Social Media Features and Widgets
Our website includes links to our various social media platforms such Facebook or Instagram. Use of these websites is voluntary and your interaction with those other websites is governed by the privacy statement published separately on those social media websites.
Our website may contain various features that allow visitors to interact with our website content via their chosen social media platform, such as the Facebook “Like” or “Share” buttons. Use of these interactive widgets or mini-programs on our website is voluntary. These services are provided to enhance your browsing experience and ability to communicate information from our website to the audience of your choice. These social media features are hosted by a third party and governed by the privacy statement of the company providing those services.
We may provide you with the opportunity to share information from our website with a friend or make a referral by providing an email address or other contact information for that person. We will use that contact information to provide information about Profile services.
Links to Other Websites
Our website may offer publicly accessible blogs, community forums or message boards. Be aware that any personal information you disclose in those public forums may be collected and used by others outside the control of Profile. Please contact the posted administrator of a particular forum to request removal of your personal information. In some cases, we may not be able to remove your information.
We reserve the right to disclose personal information as required by law, such as to respond to a subpoena or other mandatory legal process. We may disclose personal information when we believe in good faith that the disclosure is necessary to protect our rights, to protect your safety or the safety of others, investigate fraud, or respond to government requests.
We will retain your information for as long as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.
Sharing Information with Third Parties
We do not share personal information with third parties unrelated to Profile, except when required to for legal purposes or investigations. We may share your personal information with third parties who we have contracted with to help us provide services. We will ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the services.
We may share aggregate information about certain population groups of Profile customers with third parties. This aggregate information will not contain any personal information that could be used to identify a Profile customer. The information may be provided to help the third party evaluate the performance of Profile among population groups relevant to that third party such as workforce or subscribers.
Security of Your Information
Profile provides reasonable and appropriate security measures to protect our website content and any personal information you may provide against foreseeable hazards. When you enter sensitive information (such as a credit card number) on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). When you come across a webpage that is secured, your browser will likely display a “closed lock” or other symbols to inform you that SSL has been enabled. The web address should start with “https://” rather than “http://”.SSL allows a secure connection between your web browser and a web server. No computer system or information, however, can ever be fully protected from every possible threat or hazard and therefore we cannot warrant the security of any information you transmit to us, and you do so at your own risk.
Protecting Children’s Privacy
Profile is committed to protecting children’s privacy on the Internet. We do not knowingly collect personal information from children.
Profile Development, LLC,
Attn: Legal Department
1305 W. 18th Street
Sioux Falls, SD 57105
Version: Last updated April 22, 2019. This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.
PROFILE BY SANFORD PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Effective Date: 1/1/2020
This Privacy Notice for California Residents (this “Notice”) supplements the information contained in Profile by Sanford’s Privacy Statement and applies solely to all visitors, customers, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.
This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals
|Information We Collect|
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (”personal information”). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.]
In particular we have collected the following categories of personal information from its consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||YES|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
- From others who refer you to Profile by Sanford.
|Use of Personal Information|
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- For certain research projects that have been evaluated and approved through a process that considers a customer’s need for privacy.
- We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
|Sharing Personal Information|
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties:
- Service providers.
- Data aggregators.
- Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.
|Disclosures of Personal Information for a Business Purpose|
In the preceding twelve (12) months, Profile by Sanford has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E: Biometric information.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
- Data aggregators.
- Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.
|Sales of Personal Information|
Profile by Sanford does not sell personal information.
|Your Rights and Choices|
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
|Access to Specific Information and Data Portability Rights|
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
|Deletion Request Rights|
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
|Exercising Access, Data Portability, and Deletion Rights|
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
|Response Timing and Format|
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
|Changes to Our Privacy Notice|
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which Profile by Sanford collects and uses your information described here and in the Privacy Statement, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Profile by Sanford
Attn: Profile Legal and Compliance Department
1305 W. 18th Street
Sioux Falls, SD 57117
Profile Development, LLC (“Profile”) provides the Profile site and all site-related services, including the content and code related thereto (the “Profile site”), subject to your compliance with the terms and conditions set forth below. In order to use the Profile site, you must agree to be bound by all of these terms and conditions. These terms and conditions contain disclaimers of liability which you should read carefully. Your only remedy for dissatisfaction with the Profile site is to stop using it.
Changes to the Profile site. Profile expressly reserves the right to make any changes that it deems appropriate from time to time to the site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Profile site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”). Profile may modify these terms and conditions at any time and these modifications will be effective immediately upon posting. Therefore, you agree to review these terms and conditions periodically to be aware of any modifications of these terms and conditions. By using the Profile site, you agree to be bound by these terms and conditions as they appear at the time of your access or use.
Not Medical Advice. THE INFORMATION PROVIDED IN THE PROFILE SITE IS FOR WEIGHT MANAGEMENT AND INFORMATIONAL PURPOSES AND IS NOT TO BE USED AS MEDICAL ADVICE. CONTACT YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NOTHING CONTAINED IN THE PROFILE SITE IS INTENDED OR IMPLIED TO BE FOR MEDICAL DIAGNOSIS OR TREATMENT. THE PROFILE SITE DOES NOT CONSTITUTE AN ATTEMPT TO PRACTICE MEDICINE NOR DOES IT ESTABLISH A DOCTOR-PATIENT OR HOSPITAL PATIENT RELATIONSHIP.
Privacy Statement. Information that you provide to us or that we collect about you through your access to and use of the Profile site is subject to Profile’s Privacy Statement, the terms of which are hereby incorporated by reference into these terms and conditions. We encourage you to read and become familiar with said Privacy Statement. For inquiries regarding your privacy with Profile, please contact email@example.com.
Copyright and Trademark Notice. The Profile site contains Content that is copyrighted by Profile, or by other information providers who have licensed their content for electronic publication by Profile. It is protected by national and international copyright and trade secret laws. You have permission to download information from the Profile site for your personal, non-commercial use, provided that you agree to keep intact all copyright and other proprietary notices. Aside from downloading information for your personal, non-commercial use, you may not reproduce, republish or redistribute material from the Profile site without the express written consent of Profile or of the copyright holder, if the copyright holder is not Profile. Profile®, Profile Sanford® and Sanford® are registered trademarks of Sanford’s parent and/or its subsidiaries and affiliates and are protected by national and international trademark laws.
Intellectual Property. You understand and agree that Profile owns, or (where applicable) we have lawfully licensed from third parties, all right, title and interest in and to the Profile site and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries and that you acquire no ownership interest by accessing or using the Profile site or the Content. Such intellectual property and proprietary rights may include but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of Profile or its licensors and content providers.
No Warranties. While Profile and the other parties which provide content for the Profile site try to keep the information as accurate as possible, Profile disclaims any implied warranty or representation about its accuracy, completeness, or appropriateness for a particular purpose. Information on the Profile site may be changed or updated without notice. Information may be out of date at any given time since Profile has no obligation to update information on the Profile site. You assume full responsibility for using the information on the Profile site, and you understand and agree that Profile is neither responsible nor liable for any claim, loss, or damage resulting from use of the Profile site. THE INFORMATION AND MATERIALS IN THE PROFILE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, PROFILE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE PROFILE SITE, OR WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE PROFILE SITE. EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED, PROFILE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY OPINIONS, ADVICE, SERVICES, MERCHANDISE OR OTHER INFORMATION PROVIDED THROUGH THE PROFILE SITE OR ON THE INTERNET GENERALLY. IN NO EVENT WILL PROFILE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE PROFILE SITE.
Limitation of Liability. IN NO EVENT SHALL PROFILE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE PROFILE SITE, OR SITES ACCESSED THROUGH THE PROFILE SITE, INCLUDING WITHOUT LIMITATION, THE CLIENT MEMBERSHIP AGREEMENT AND PROFILE PRIVACY STATEMENT, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PROFILE SITE IS TO STOP USING THE PROFILE SITE.
License to Access and Use. You may access and use the Profile site only for your personal use. Any other access to or use of the Profile site or the Content constitutes a violation of these terms and conditions and may violate applicable copyright, trademark or other laws.
You may not access, use, or copy any portion of the Profile Site or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by Profile in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Profile Site or the Content or any access to or use of the Profile Site or the Content.
User Conduct. By using the Profile site, you agree that you will not:
- Upload any copyrighted material to the Profile site without the written consent of the copyright owner;
- Upload any information that is not your own or that you do not have the right to upload;
- Impose an unreasonably or disproportionately large load on the Profile site or otherwise interfere with or inhibit any other user of the Profile site from using or enjoying it.
- Use language that is unlawful, threatening, abusive, discourteous, criminal, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Profile’s sole discretion);
- Use the Profile site to post or transmit any information or materials that would violate rights of any third party or which contain a virus or other harmful component that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- Impersonate any person or entity or use the Profile site to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others;
- Upload any unsolicited or unauthorized advertising, promotional materials, junk mail, chain letters, or spam;
- Violate any applicable local, state, national or international law;
- Stalk or otherwise harass another user or employee of the Profile site; or
- Attempt to obtain personal data about other users of the Profile site.
Profile is not obligated to monitor chat rooms or bulletin boards, but reserves the right to remove or edit any messages or material submitted by users. Profile will cooperate with law enforcement or a court order requesting or directing Profile to disclose the identity of anyone posting any information or material prohibited by these terms and conditions. Profile may also disclose such information if such disclosure is reasonably necessary to protect the rights, property, or personal safety of Profile, its employees, clients, or the public. Profile is not responsible for material submitted to the Profile site, or posted in chat rooms or bulletin boards by Profile site users. By communicating with Profile, however, you grant Profile permission to use any information, suggestions, ideas, drawings or concepts that you communicate without any compensation to you whatsoever.
Profile cannot and does not confirm that users are who they claim to be. Because Profile does not and cannot be involved in user-to-user transactions or control the behavior of the Profile site’s users, in the event that you have a dispute with one or more Profile site users, you release Profile (and its subsidiaries, affiliates, agents and employees) from all claims, demands and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
Other Providers. Except for information, products or services clearly identified as being supplied by Profile, Profile does not operate, control or endorse any information, products or services on the Internet, including on the Profile site. Profile cannot and does not guarantee or warrant that files available for downloading through the Profile site will be free of viruses or code that could cause damage to your computer and the information and files contained within your computer. If you use the Profile site, you are responsible for taking steps necessary to protect your computer and the information on it, and for maintaining a means external to the Profile site for the reconstruction of any lost data.
Hyperlinks. To the extent the Profile site provides links to sites operated by third parties, these links are not under the control of Profile and Profile is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such site. Profile is not responsible for any webcasting or any other form of transmission received from any linked site. Profile will provide these links merely as a convenience to you. The inclusion of any linked site on the Profile site does not imply endorsement by Profile of the site or the information, products or services contained on it.
Although the Profile site is accessible worldwide, not all products or services discussed, referenced or made available on the Profile site are available to all persons or in all geographic locations or jurisdictions. Profile makes no representation that materials in the Profile site are appropriate or available for use in locations outside the United States. Those who choose to access the Profile site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. Profile reserves the right to limit the availability of the Profile site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold Profile, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from your breach of these terms and conditions or your activities in connection with the Profile site or Profile site-related services.
Making Purchases. If products or services are made available on the Profile site, and if you wish to make purchases of products or services described on the Profile site, you may be asked by Profile or the applicable merchant or service provider to supply certain information, including but not limited to credit card or other information. If you submit such information to Profile, you understand that any such information will be treated by Profile in the manner described in our Privacy Statement. You agree that all information that you provide to Profile or any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by you or any users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement, if any, that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.
Registration; Use of Secure Areas and Passwords. Some areas of the Profile site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate these terms and conditions with you and your use of the Profile site.
As part of the registration process, your user name will be your email address and you will be asked to select a password. Profile may refuse to allow you to use a username or password that impersonates someone else, may be illegal, may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by Profile in our sole discretion. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Profile site to any third party. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by Profile infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Profile to locate the material on the Profile site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Profile a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Profile Development, LLC, Attn: Legal Department, P.O. Box 2010, 801 Broadway North, Fargo, ND 58122-0206. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Miscellaneous. These terms and conditions are entered into in the State of South Dakota and shall be governed by and construed in accordance with the laws of the State of South Dakota, exclusive of its choice of law rules. Each party to these terms and conditions hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Minnehaha in the State of South Dakota for any dispute arising under or in connection with these terms and conditions, the Profile site or any Profile site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these terms and conditions, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of these terms and conditions shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
These terms and conditions, the Client Membership Agreement, and the Privacy Statement constitute the entire agreement between the parties hereto pertaining to your access and use of the Profile site and Content, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. These terms and conditions are not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Profile reserves the right in its sole discretion to terminate the use of the Profile site by a user at any time.
Acknowledgment. BY ACCESSING AND USING THE PROFILE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
Version: Last updated August 8, 2016. This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.