Legal

Below you will find out privacy policy and terms of use.

This Privacy Policy governs the manner in which Katemihevcedwards, LLC, a Georgia limited liability company d/b/a Fast Bananas (the “Company”) collects, uses, maintains and discloses information collected from users (each, a “User”) of the Fast Bananas mobile phone application (the “App”). By accessing or using the App, you acknowledge that you have read, understood and accept the terms of this Privacy Policy.

Information You Voluntarily Provide the Company

The Company only collects personally identifiable information that you voluntarily provide, such as: (i) when you provide your name, email address and any other requested information when you subscribe for services on the App, or (ii) in connection with other activities, services, features or resources the Company makes available on the App from time to time.

Other Information the Company Collects

When you use the App, the Company may collect some information about your usage through the use of cookies (see below), log analysis software and other aggregate tracking technologies. This includes information relating to how you use the App, including whether you visit certain areas of the App or whether you click through to a certain page, and may also include technical information including the browser name, the type of computer and other information about the User’s means of connecting to our App, such as the operating system and the Internet service providers utilized and other similar information. Some cookie files remain on your computer’s hard drive unless and until you manually delete the file.

How the Company Uses the Information it Collects

The Company will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law, in accordance with your instructions, or as identified in this Privacy Policy.

The Company may use your information, including personally identifiable information, for business purposes including, without limitation, the following:

To improve the quality of your App visit and to personalize your App visit.
To send marketing communications, emails, newsletters, and other information that you have requested, opted-in to or otherwise agreed to receive.

Also, the Company may use your information, including personally identifiable information, as follows:

The Company may contract with other companies and individuals to perform functions or services on its behalf, such as hosting and maintaining the App, payment processing, database storage and management, sending email messages and informational newsletters and administering surveys. These service providers may have access to your personally identifiable information, such as your email address, needed to perform their functions, but are restricted from using it for purposes other than providing services for the Company.
The Company has the right to disclose any information about you, including personally identifiable information, or your use of the App, without your prior permission if the Company has a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of the Company or its members, managers, employees, agents, content providers, other users of the App, or the public; (b) enforce the Terms of Use for the App; or (c) respond to claims that any content violates the rights of third parties or is otherwise unlawful. The Company may also disclose information, including your personally identifiable information, as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
The Company may share any information you submit to the Company when the Company has your consent to do so, or when the Company needs to share the information in order to provide the information or service you requested.

The Company may use your information to monitor how visitors are using our App.
The Company may use your information to contact you regarding a promotion or survey.
The Company may use your information to uncover and diagnose problems with the App and servers and for day-to-day system administration needs.

Business Transfer

We may share information from or about you with sites that are owned by the Company or its parent companies, subsidiaries or affiliated companies, in which case we will require them to honor this Privacy Policy. In the event the Company goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your information will be among the assets transferred. You agree to any transfer of your information in connection with any such business transition without the Company having to obtain your consent.

Security

The information you voluntarily provide the Company through use of this App will be stored on servers owned and maintained by third parties and located outside the offices of the Company. The Company follows generally accepted industry standards to protect your personally identifiable information, both during transmission and once the Company receives it, including the use of firewalls and other Internet security measures. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and the Company cannot guarantee its absolute security. Accordingly, the Company expressly disclaims any such obligation.

Third Party Websites

Users may find advertising or other content on the App that link to the sites and services of the Company’s partners, suppliers and other third parties. The Company does not control the content or links that appear on these sites and is not responsible for the practices employed by websites linked to or from the App. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to the App, is subject to that website’s own terms and policies.

Notice to EU Residents

If the Company receives information from a resident of the European Union (“EU”), the Company will comply with the requirements of the General Data Protection Regulation (“GDPR”). The GDPR provides EU residents with certain rights related to the personal information they have provided to the Company or the Company has collected through their use of the App. Specifically, EU residents should be aware of the following:

The Company will not use your data in connection with any automated decision-making process or for any profiling purpose.
You have the right to request a copy of the personal information the Company holds about you.
You have the right to request that we correct or update your personal information if it is incorrect.
You have the right to request that the Company delete your personal information, if any, from the Company servers.
You have the right to opt out of certain uses of your personal information, including use of that information for direct marketing purposes.

Residents of the EU should make any of the requests described above to splitz@fastbananas.com.

Changes to This Privacy Policy

The Company may update this Privacy Policy at any time in its sole discretion. When the Company does update this Privacy Policy, the Company will revise the updated date in the first paragraph of this Privacy Policy and all changes will be effective immediately. The Company encourages Users to frequently check this Privacy Policy for any changes and you acknowledge and agree that it is your responsibility to review this Privacy Policy periodically and become aware of modifications.

Your Acceptance of These Terms

By using the App, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the App. Your continued use of the App following the posting of changes to this Privacy Policy will be deemed your acceptance of those changes.

Contacting Us

If you have any questions about this Privacy Policy, the practices of this App, or your dealings with this App, please contact us at: liza@katemihevcedwards.com.

You agree to the following terms and conditions with Katemihevcedwards, LLC d/b/a Fast Bananas (the “Company” or “We”) in connection with your use of the Fast Bananas app (the “App”).

Subscription.
1. You agree that the Company will charge your credit card for the annual subscription rate or the monthly subscription rate, whichever you have selected, and you hereby authorize the Company to make that charge (through its pay processing vendor). You also authorize the Company to charge your credit card at the end of each subscription term (annual or monthly).
You agree to the terms of the Company privacy policy located here.
Fitness Activity Waiver
1. You have agreed to utilize the Company’s fitness and training resources by subscribing to access to the Company’s on-demand library (the “Services”). You acknowledge that participation in running workouts, exercises, or other training ("Fitness Activities") through your use of the Services requires physical exertion. You accept full responsibility over the risks associated with the physical exertion. You also accept all risks associated with the location where you engage in Fitness Activities. You acknowledge that the Company has no control over the location of the Fitness Activities or the safety of that location. The risks associated with the location from which you choose to participate in Fitness Activities include, but are not limited to, those caused by facilities, equipment, temperature, environment, lack of hydration, and actions of other people.
2. By participating in Fitness Activities, you represent to the Company that either (i) all of the following statements are true: (A) no physician or healthcare provider has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician or healthcare provider is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise; or (ii) your physician or healthcare provider has specifically approved of your participation in Fitness Activities.
3. BY PARTICIPATING IN FITNESS ACTIVITIES, YOU (i) ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY PARTICIPATING IN FITNESS ACTIVITIES; (ii) HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PHYSICAL HARM, OR DEATH; (iii) ACKNOWLEDGE AND REPRESENT THAT YOU ARE PHYSICALLY SOUND AND DO NOT SUFFER FROM ANY ILLNESS, IMPAIRMENT, DISEASE, OR OTHER CONDITION THAT WOULD PREVENT YOU FROM PARTICIPATING IN FITNESS ACTIVITIES, PERFORM ANY EXERCISE, OR USE ANY EQUIPMENT; AND (iv) KNOWINGLY AND VOLUNTARILY, ON BEHALF OF YOURSELF AND YOUR HEIRS AND ASSIGNS, FOREVER WAIVE, RELEASE, DISCHARGE, AND HOLD HARMLESS THE COMPANY AND ITS OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTENT PROVIDERS, AGENTS, REPRESENTATIVES, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, INDIVIDUALLY AND COLLECTIVELY, FROM ANY AND ALL LIABILITY, DAMAGES, LOSSES, SUITS, DEMANDS, CAUSES OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHER CLAIMS OF ANY NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY LOSSES FOR PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH, ARISING OUT OF OR RELATING IN ANY WAY TO YOUR PARTICIPATION IN FITNESS ACTIVITIES.
Safety Advice and Medical Disclaimer
1. YOU SHOULD CONSULT YOUR PHYSICIAN OR HEALTHCARE PROVIDER BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON THE INFORMATION IN THE SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT USE THE SERVICE OR PARTICIPATE IN FITNESS ACTIVITIES IF YOUR PHYSICIAN OR HEALTHCARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, FAINTNESS, DIZZINESS, ILLNESS, DISCOMFORT, OR SHORTNESS OF BREATH, YOU SHOULD STOP IMMEDIATELY AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
2. NOTHING STATED OR POSTED OR OTHERWISE AVAILABLE THROUGH THE SERVICE IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL CARE. THE SERVICE IS CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE OR ITS SUITABILITY FOR YOU. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE TRAINING AND FITNESS INFORMATION THAT APPEARS ON THE SERVICE, NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE SERVICE WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
Indemnity You agree to indemnify and hold the Company and its officers, members, managers, employees, agents and content providers (the "Indemnified Parties") harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys; fees and costs), arising out of or in connection with: (i) your use of the Services; (ii) your breach or violation of any of these Terms of Use; or (iii) your violation of the rights of any third party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
Warranty Disclaimer
1. WE PROVIDE THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SERVICE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SERVICE. While we take commercially reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included within the Services is accurate, complete, or up to date.
2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SERVICE WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE.
3. No information or advice obtained through the Services, or affirmation by us, by words or actions, shall constitute a warranty.
4. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
1. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE OR YOUR INABILITY TO ACCESS OR USE THE SERVICE) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES OR PARTICIPATION IN FITNESS ACTIVITIES OR THESE TERMS OF USE, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF THE COMPANY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Your sole remedy for dissatisfaction with the Services including, without limitation, content offered on the Services, is to stop using the Services. Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Services or any links on the Services, as well as by reason of any information or advice received through or advertised in connection with the Services or any links on the Services. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third-party or conduct of a third-party on the Services.
3. If the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties' liability arising in connection with the Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for the Services purchased in the preceding twelve (12) months, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms of Use or the performance or non-performance of the Services must be brought within one year after such claim or cause of action arises or be forever barred.
4. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON THE COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
5. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Intellectual Property. The content provided in the Services and the other content contained in the App is owned by Company and is protected by U.S. and international copyright laws. Copyright 2024 Katemihevcedwards, LLC. All rights reserved. All elements comprising the Services and the App, including without limitation, the text, App design, logos, graphics, icons and images, as well as the selection, assembly and arrangement thereof are the sole property of Company or its licensors, and are protected by U.S. and international copyright laws. All software used in the App is the property of Company or its licensors, and such software is also protected by U.S. and international copyright laws. You will not copy, transfer or sell the content in the Services or on the WApp and will only use the content as intended.

Third Parties. The App may include links to other third-party websites, services or resources (each, a "Third-Party Service"). Your use of Third-Party Services is at your own risk. The Company makes no representations whatsoever about any third-party websites that you may access through the App, and the fact that the Company has linked to another site should not be construed as an endorsement of that site or its proprietor. The Company is not responsible for the privacy practices, terms and conditions or content of such websites, or the services provided by such third parties. The Company prohibits (i) the framing of any materials available through the App, and (ii) "deep linking" to pages of the App other than the home page. The Company reserves the right to disable any unauthorized frames and specifically disclaims any responsibility for the contents of any other websites linked in the App.

Applicable Law. Your use of the App shall be governed by the laws of the State of Georgia without regard to its choice of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Dekalb County, Georgia with respect to any legal proceedings arising out of these Terms of Use, the Company privacy policy, or your use of the Services or the App.
Termination
1. We may terminate these Terms of Use or terminate your permission to use the Services, or both, immediately, without prior notice or liability, if (i) you commit any breach of these Terms of Use, (ii) we discontinue the Services, or (iii) we are prevented from providing the Services for any reason.

Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Services and/or your access to it at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control.

On termination of these Terms of Use for any reason: (i) all rights granted to you under these Terms of Use will cease immediately, (ii) you must immediately cease all activities authorized by these Terms of Use (including your use of the Services), and (iii) you acknowledge that the Company may restrict your access to the Services. The provisions of these Terms of Use which by their nature are intended to survive the termination of these Terms of Use shall so survive.

Miscellaneous.

These Terms of Use contain the entire agreement between you and the Company regarding the Services, the App and the content and supersede any prior agreement between you and Company relating to its subject matter.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer in any way any of your rights or obligations under these Terms of Use without the Company’s prior written consent. The Company may assign or transfer in any way its rights and obligations under these Terms of Use without restriction.

Any failure by you or the Company to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If the Company takes any action to enforce these Terms of Use, the Company will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and the costs of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

The Company reserves all rights not expressly granted to you under these Terms of Use.

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