Please read these Terms and Conditions carefully before using this Website.
Acceptance of the Terms & Conditions
These Terms and Conditions are entered into by and between you and Coach Masi, operated by Upright Fitness, LLC ("Company," "we," or "us"). These Terms & Conditions, together with our Privacy Policy, govern your access to and use of coachmasi.com (the "Website"), including any content, functionality, and services offered on or through the Website, whether as a guest or registered user. By using the Website, you accept and agree to be bound by these Terms & Conditions and our Privacy Policy, both of which can be found in the Website footer. If you do not agree, you must not access or use the Website.
The Website is only offered to users who are 18 or older and fully able to enter into these Terms & Conditions.
Disclaimers
You understand that the role of Coach Masi (Upright Fitness, LLC) is not to prescribe or assess specific meal plans; provide healthcare, medical, or nutrition therapy services; or diagnose, treat, or cure any disease, condition, or other physical or mental ailment. Coach Masi is a health and performance coach, trained in health coaching and certified as a personal trainer, who helps clients devise and implement sustainable lifestyle changes toward their own health goals.
You understand that Coach Masi is not acting in the capacity of a doctor, dietitian, nutritionist, psychologist, psychotherapist, or other licensed or registered professional, and that coaching is not intended to replace services performed by these professionals. If you are under the care of a healthcare professional, you should discuss any dietary or lifestyle changes with that professional. If you currently use prescription medications, you should not discontinue them without first consulting your prescribing healthcare provider.
Personal Responsibility and Release of Healthcare-Related Claims
You acknowledge that you take full responsibility for your own life, well-being, and all decisions made during and after any coaching program. You expressly assume the risks of coaching, including risks inherent in making dietary and/or lifestyle changes. You release Coach Masi and Upright Fitness, LLC from any and all liability, damages, causes of action, claims, and demands arising from your participation in coaching, unless arising from the gross negligence of the coach.
Confidentiality
Coach Masi will keep your information private and will not share it with any third party without your written consent, unless required by law. We will not disclose your name as a reference or for use in marketing materials without your written consent.
Changes to the Terms & Conditions
We may revise and update these Terms & Conditions from time to time. Changes are effective immediately upon posting. Your continued use of the Website after changes are posted means you accept those changes.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, or any part of it, at any time without notice. If you are asked to provide registration details, you agree that the information you provide is correct, current, and complete, and is governed by our Privacy Policy. If provided a username or password, you must keep it confidential and notify us immediately of any unauthorized use.
Intellectual Property Rights
The Website and its entire contents (including text, images, video, design, and arrangement) are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. These Terms permit you to use the Website for personal, non-commercial use only. You may not sell, license, copy, reproduce, distribute, or create derivative works from Website content without express written permission. For permission requests, contact [email protected].
Digital Millennium Copyright Act (DMCA)
If you believe material on this Website infringes your copyright, notify us in writing at:
Coach Masi, Upright Fitness, LLC
2108 N ST STE N, Sacramento, CA 95816
[email protected]
Your notice must comply with the requirements of 17 U.S.C. §512(c)(3), including identification of the copyrighted work, the allegedly infringing material, your contact information, and a statement of good-faith belief and accuracy under penalty of perjury.
Prohibited Uses
You may use the Website only for lawful purposes. You agree not to: violate any applicable law; exploit or harm minors; transmit unsolicited advertising, spam, or chain letters; impersonate the Company or any other person; interfere with or disrupt the Website or its servers; introduce viruses or other harmful code; or attempt unauthorized access to any part of the Website.
User Contributions
If the Website includes any interactive features (comment sections, forms, etc.), any content you submit must not be defamatory, obscene, harassing, infringing, or otherwise unlawful. You are solely responsible for any content you submit and grant us the right to use it in connection with operating the Website. We reserve the right to remove any content at our discretion.
Reliance on Information Posted
Information on the Website is provided for general informational and educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on it is at your own risk. Every person's situation is different, and Coach Masi cannot determine whether any general information or program is appropriate for your specific circumstances. You should use your own judgment, and consult a licensed healthcare provider, before making decisions based on Website content.
Changes to the Website
We may update Website content from time to time, but content is not necessarily complete or up to date, and we are under no obligation to update it.
Your Information
All information we collect through the Website is subject to our Privacy Policy, which is incorporated herein by reference.
SMS Messaging Terms
Coach Masi (Upright Fitness, LLC) may send SMS text messages related to guide delivery, appointment reminders, account updates, and promotional offers about our coaching programs, based on the consent you provide. Message frequency varies. Message and data rates may apply. Reply STOP at any time to opt out of future messages, reply HELP for assistance. Carriers are not liable for delayed or undelivered messages.
Future Paid Products or Services
If we offer paid products, services, or subscriptions directly through the Website in the future, separate terms of sale will apply and will be presented to you at the time of purchase. Currently, coaching arrangements and payment terms are established directly between you and Coach Masi as part of the enrollment process, outside of on-site checkout.
Linking to the Website
You may link to our homepage in a way that is fair, legal, and does not damage our reputation, but you may not suggest any false association, approval, or endorsement without our written consent. We reserve the right to withdraw linking permission at any time.
Links from the Website
Any links to third-party sites are provided for convenience only. We have no control over and accept no responsibility for third-party content. Accessing third-party sites is at your own risk.
Geographic Restrictions
Coach Masi and Upright Fitness, LLC are based in the United States. We provide this Website for use by persons located in the United States and make no claim that it is appropriate or available for use elsewhere.
Disclaimer of Warranties
The Website, its content, and any services obtained through it are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free of viruses or harmful components. Coach Masi is not a financial or legal advisor and does not guarantee any particular result from using the Website or participating in coaching.
Limitation of Liability
To the fullest extent permitted by law, in no event will the Company, its affiliates, employees, or agents be liable for any damages of any kind arising out of or in connection with your use of, or inability to use, the Website or any services obtained through it, including direct, indirect, special, incidental, or consequential damages, even if foreseeable.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website.
Governing Law
These Terms & Conditions and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law provisions.
Arbitration
At the Company's sole discretion, disputes arising from these Terms & Conditions or the Website may be submitted to final and binding arbitration under the Rules of the American Arbitration Association, applying California law.
Waiver and Severability
No waiver of any term of these Terms & Conditions shall be deemed a further or continuing waiver of that term or any other term. If any provision is held invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Entire Agreement
These Terms & Conditions, together with our Privacy Policy, constitute the entire agreement between you and the Company with respect to the Website and supersede all prior understandings, whether written or oral.
Contacting Us
Coach Masi, operated by Upright Fitness, LLC
Email: [email protected]
Phone: (510) 876-4611
Mail: 2108 N ST STE N, Sacramento, CA 95816