Terms of Use

1. Terms

By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.


2. Use License

  1. Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
  2. modify or copy the materials;
  3. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  4. attempt to decompile or reverse engineer any software contained on the School’s web site;
  5. remove any copyright or other proprietary notations from the materials; or
  6. transfer the materials to another person or 'mirror' the materials on any other server.
  7. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.


4. Limitations

In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.


5. Revisions and Errata

The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.


6. Links

The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.


7. Site Terms of Use Modifications

The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.


8. Governing Law

Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.



Terms of Use Continued

Last Updated: June 20, 2020

These Terms of Use (the “Terms”) constitute a legally-binding agreement between you and Galveston Prime, LLC (“GP,” “we,” “us,” or “our”) governing your use of the GP websites, content, products, and services, including the content, products, and services made available through third-party websites such as teachable.com (collectively, the “Services”), which are made available in the United States by GP.

By using the Services, you expressly acknowledge that you understand these Terms (including the dispute resolution and arbitration provisions in Section 10 herein) and accept and agree to be bound by them and by GP's [PRIVACY POLICY]. If you do not agree to these Terms or to GP's Privacy Policy, you must immediately cease your use of the Services.

IMPORTANT NOTICE: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND GP HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS REQUIRE YOU TO RESOLVE DISPUTES WITH GP ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS, AND THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THESE TERMS AND ENTERING INTO THIS AGREEMENT WITH TGD, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE PROVISIONS OF THESE TERMS.

 

  1. Access and Use of the Service 

A. Accounts.

To receive the comprehensive diet program services provided by GP through teachable.com, or to gain access to other Services as applicable, you must register for and maintain an active personal user account (“Account”). Account registration requires you to submit certain personal information to GP and/or teachable.com, such as your name, address, mobile phone number, email address, and age. Further, you must maintain at least one valid payment method supported by GP and/or teachable.com.

You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to so maintain your Account information may result in your inability to access, use, or receive Services.

You are solely responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You may not assign or otherwise transfer your Account to any other person or entity.

Each person may only create a single Account, and GP reserves the right to temporarily or permanently deactivate any additional or duplicate accounts.

B.Eligibility.

The Services may only be used by individuals who have the right and authority to enter into a legally-binding agreement, such as these Terms, and who are fully able and competent to satisfy the terms, conditions, and obligations herein. The Services are not available to anyone who has had an Account temporarily or permanently deactivated.

By using these Services, you represent and warrant that you are at least 18 years of age. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive any Services through your Account. GP does not knowingly or intentionally collect personal information from children under the age of 13. The content of the GP Services is directed at adults. If you are under the age of 13, you may not submit any personal information to GP. If you discover that a child under the age of 13 has submitted personal information to GP, please notify us immediately at [email protected].

C. Text Messaging, Phone Calls, and Related Charges.

By providing GP with your phone number, you agree that GP may contact you via text or SMS message to verify your phone number.

Standard text messaging charges applied by your phone provider will apply to text messages sent by GP. Further, your mobile network’s data and messaging rates may apply if you access or use the Services from your device.

D. Network Access and Devices.

You are solely responsible for obtaining the data network access necessary to use the Services, as well as for acquiring and updating compatible software or hardware necessary to use the Services. GP does not guarantee that the Services, or any portion thereof, will function on any particular software or hardware or any particular combination thereof.

The Services may be subject to malfunctions and delays inherent in the use of Internet and electronic communications. GP does not warrant or guarantee that the Services will be available at any particular time or location.

2. Fees and Payment

You acknowledge and understand that use of the Services may result in charges to you, in exchange for the Services you receive (“Charges”) through GP's site and/or GP's teachable.com page. Charges as described in these Terms are inclusive of any fees, surcharges, and applicable taxes. GP reserves the right to establish, remove, and/or revise Charges related to any and all of its Services at any time, at its sole discretion. GP will use reasonable efforts to inform you of Charges that may apply to the Services; however, you are responsible for any Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. 

A.Payment Provisions.

a. Payment Authorization. When you create an Account, before you may receive certain Services from GP, you may be prompted to provide GP with a payment method that will be used to pay any Charges owed. To verify a new payment method, ensure that the cost of GP's Services will be covered, to protect against unauthorized behavior, and otherwise as reasonably necessary, GP may seek an authorization against your payment method on file. This authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of authorization exceed the total funds on deposit in your account, you may be subject to overdraft or other charges by your bank. GP is not responsible for these charges, and is unable to assist you in recovering them from your bank.

b. Primary and Secondary Payment Methods. All Charges will be made to the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that GP may use any available secondary payment method in your Account.

c. Third-Party Processors. All Charges will be facilitated through a third-party payment processor, as communicated to you prior to any initial payment by you. GP may replace its payment processor at any time without prior notice to you.

d. No Refunds. All Charges are final and non-refundable, unless otherwise determined at GP's sole discretion. This policy applies at all times, regardless of your decision to terminate your use of the Services.

e. Promotional Pricing. You may receive coupons or other forms of promotional pricing that you can apply towards your payment of certain Charges. Any coupons received are not transferable or redeemable for cash, except where required by law. Coupons cannot be combined. If the cost of your ride exceeds the credit provided by a coupon, your payment method on file will be charged for the remaining amount. Additional restrictions to coupons or promotional pricing may apply, as communicated to you in connection with the relevant coupon or promotion.


3. Your Information

Your information will be collected, stored, processed, and used according to the terms in our [PRIVACY POLICY]. It is your responsibility to review and understand our Privacy Policy to understand how your information is handled by GP.

If you do not wish to review our Privacy Policy, or if you do not agree to the handling of your information as described therein, please immediately discontinue your use of the Services.

4. Consent to Monitor

 By using the Services, you consent to GP's monitoring of your activity on the Services. Communications made using the Services should not be considered private, and GP may monitor and/or record your communications (including, without limitation, any text messages sent to a driver) on or through the Services. You acknowledge and agree that you have no expectation of privacy concerning any transmission you send through the Services, and you expressly consent to such monitoring and recording.

Please see our [PRIVACY POLICY] for more information regarding information that we may collect through the Services.

5. Restricted Activities

 With respect to your participation in the Services, you agree that you will not:

  • Impersonate any other person or entity;
  • Discriminate against or harass anyone one the basis of race, national origin, religion, gender, gender identity, sexual orientation, physical or mental disability, medical condition, marital status, or age;
  • Interact with the Services in a manner which is fraudulent, libelous, abusive, threatening, obscene, profane, sexually-oriented, or harassing;
  • Violate any law, statute, rule, permit, ordinance, court order, or regulation;
  • Use the Services in any way (including by providing any Customer Content) that infringes on any third party’s rights, including but not limited to rights in copyright, trademark, or patent, trade secret rights, other intellectual property rights, or rights of publicity or privacy;
  • Post, email, or otherwise transmit any malicious code, file, or programs designed to interrupt, damage, destroy, or limit the functionality of the Services or of any computer software, hardware, or telecommunications equipment, or surreptitiously intercept or expropriate any system, data, or information;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transferred through the Services;
  • “Frame” or “mirror” any part of the Services, without our prior written authorization to do so;
  • Attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks, or otherwise unduly burden or hinder the operation and/or functionality of any aspect of the Services;
  • Modify, adapt, translate, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Services;
  • Launch any programs or scripts for the purpose of scraping, indexing, surveying, or “data mining” any portion of the Services, or otherwise causing any such programs or scripts to engage in any similar activity;
  • Rent, lease, lend, sell, redistribute, reproduce, modify, prepare derivative works based upon, publicly display, publicly perform broadcast, license, or sublicense the Services or access to any portion of the Services;
  • Otherwise exploit the Services, except as expressly permitted by GP;
  • Transfer or sell your Account information or the information of any other user of the Services to any other party;
  • Link directly or indirectly to any other websites in any part of the Services, including but not limited to on your Account page;
  • Violate any of the rules set forth herein or in any other GP policy document; or
  • Cause any third party to engage in the restricted activities above.

6. Term and Termination

The license granted under these Terms is effective until terminated by you or GP. Your rights under this Agreement will terminate automatically without notice from GP if you fail to comply with any of the provisions herein or with the provisions of any other applicable GP policy. Upon termination of the license, you must cease all use of the Services. Further, GP reserves the right to terminate these Terms without cause, effective on immediate written notice. Provisions of these Terms may survive termination, as indicated herein.

7. Health Disclaimer

WE DO NOT PROVIDE PROFESSIONAL MEDICAL SERVICES OR ADVICE. THE SERVICES PROVIDED BY THE GP WEBSITES, INCLUDING CONTENT PROVIDED ON TEACHABLE.COM, DO NOT CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE SERVICES. IF YOU THINK YOU ARE HAVING A MEDICAL EMERGENCY, PLEASE CALL 911.

The GP weight management content was developed by respected health professionals; however, GP is not a medical organization. This means that we cannot give you any medical advice or a medical diagnosis. Nothing contained on the GP website, GP teachable.com page, or any other GP Services should be construed as such medical advice or diagnosis. Any personalized weight loss management content you receive should not be interpreted as a substitute for physician consultation, evaluation, or treatment.

You are urged and advised to seek the advice of a physician before beginning any plan that could result in weight loss, even if weight loss is not your goal. This is especially important if you are being treated for a medical condition, taking prescription medication, or following a therapeutic diet to treat a disease. Any modifications made to GP's weight management plan by your health care provider should be followed, and you should never disregard medical advice or delay in seeking it because of anything you see in or on the GP Services.

We also urge you to get periodic medical checkups. Weight loss can create physical changes that should be medically monitored, especially if you have any pre-existing health conditions. GP's weight management content encourages a healthier pattern of eating and the development of healthy lifestyle habits; however, it is not intended to treat any illness or disease.

The GP Services are intended for use only by healthy adults, and not by minors, pregnant women, individuals with eating disorders, or individuals with other health conditions that could affect their ability to safely participate in GP;s weight management program.

8. Additional Disclaimers and Limitation of Liability 

GP AND ITS AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS REGARDING THE RELIABILITY, ACCURACY, OR TIMELINESS OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED ON ITS WEBSITE OR RELATED TO ANY OF THE SERVICES. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND. GP AND ITS AGENTS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

IN NO EVENT SHALL GP OR ITS AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.

GP AND ITS AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF USE IN ANY WAY CONNECTED TO THE SERVICES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TGD IS LIMITED TO PAYMENTS BY YOU TO GP.

WHILE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE EXTENT PERMITTED BY LAW, TGD EXCLUDES ALL WARRANTIES.

GP IS NOT RESPONSIBLE FOR ANY LINKS TO AND FROM ANY OF THE SERVICES. ALL RESPONSIBILITY AND LIABILITY, IF ANY, FOR ANY LINKED CONTENT LIES SOLELY WITH THE OPERATORS OF SAID LINKED CONTENT.

This Section 8 shall survive any termination of these Terms.

9. Indemnification

You agree to indemnify and hold harmless GP and its affiliates, agents, parents, subsidiaries, employees, drivers, officers, directors, shareholders, other officials, suppliers, vendors, successors and assigns from any claim, suit or action arising from or related to: (i) your use of the Services; (ii) your breach or violation of these Terms; (iii) your violation of any applicable law, rule, or regulation; or (iv) any allegation that any materials that you submit or transmit through the Services or to GP infringe or otherwise violate an intellectual property right of a third party. This indemnification shall apply to any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. This indemnity shall apply regardless of the negligence of any party, including any indemnified person or entity.

GP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with GP's defense of such claim.

This Section 9 shall survive any termination of these Terms.

10. Dispute Resolution and Arbitration Agreement; Waiver of Jury Trial

 PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS RELATING TO YOUR USE OF THE SERVICES, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO FILE LAWSUIT IN COURT.

BY AGREEING TO THESE TERMS, YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY CLAIM THAT YOU MAY HAVE AGAINST GP ON AN INDIVIDUAL BASIS IN ARBITRATION, AS SET FORTH HEREIN. THIS WILL PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GP. THIS WILL ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST GP BY SOMEONE ELSE.

GP's Customer Service department is available at [email protected] to address any concerns you may have about the Services. Both you and GP agree to use your best efforts to resolve any question, dispute, claim, or other disagreement directly through consultation and good faith efforts by using these Customer Service contacts. Where permitted by law, engaging in this initial dispute resolution process is a precondition to either party initiating a lawsuit, where permitted, or an arbitration proceeding.

You and GP agree that any dispute, claim, or controversy arising out of or relating to either (i) these Terms or (ii) your access or use of the Services at any time (whether before or after the date you agreed to these Terms) that cannot be settled by a good faith attempt at dispute resolution, as described above, within thirty (30) days of initiating such initial dispute resolution process will be settled by binding arbitration between you and GP, and not in a court of law.

This binding arbitration will be administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or in relation to the interpretation, applicability, enforceability, or formation of these Terms, including without limitation any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, where permitted by these Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The JAMS Rules governing the arbitration may be accessed at http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and your share of arbitrator compensation shall be governed by the JAMS Comprehensive Arbitration Rules, but shall not incorporate the JAMS Class Action Procedures, and, to the extent applicable, the Consumer Minimum Standards, including the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, GP will pay the additional cost.


Privacy policy

Galveston Prime's Commitment to Privacy


SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?


When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.


Email marketing (if applicable): With your permission, we may send you emails about our store, new products, and other updates.


SECTION 2 - CONSENT


How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent or provide you with an opportunity to say no.


How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at [email protected].


SECTION 3 - DISCLOSURE


We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.


SECTION 4 - SHOPIFY


Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.


Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.


All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.


PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).


SECTION 5 - THIRD-PARTY SERVICES


In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.


For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.


As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.


Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.


Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


SECTION 6 - SECURITY


To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.


If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.


SECTION 7 - COOKIES


Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).

_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits

_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.

cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.

_secure_session_id, unique token, sessional

storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.



SECTION 8 - AGE OF CONSENT


By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


SECTION 9 - CHANGES TO THIS PRIVACY POLICY


We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.


QUESTIONS AND CONTACT INFORMATION


If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at [email protected]