This copy of The Fig App (“the Software Product”) and accompanying documentation is licensed
and not sold. This Software Product is protected by copyright laws and treaties, as well as laws
and treaties related to other forms of intellectual property. AR Development Holdings, Inc. or its
subsidiaries, affiliates, and suppliers (collectively “The Fig App”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User
License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT
BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE
PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT.
YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU
WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT
AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT
“DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE
This Agreement entitles you to install and use one copy of the Software Product. In addition, you
may make one archival copy of the Software Product. The archival copy must be on a storage
medium other than a hard drive, and may only be used for the reinstallation of the Software
Product. This Agreement does not permit the installation or use of multiple copies of the Software
Product, or the installation of the Software Product on more than one computer at any given time,
on a system that allows shared used of applications, on a multi-user network, or on any
configuration or system of computers that allows multiple users. Multiple copy use or installation is
only allowed if you obtain an appropriate licensing agreement for each user and each copy of the
Restrictions on Transfer
Without first obtaining the express written consent of The Fig App, you may not assign your rights
and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or
otherwise transfer your rights to the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one
computer, or permit the use, copying, or installation of the Software Product by more than one
user or on more than one computer. If you hold multiple, validly licensed copies, you may not use,
copy, or install the Software Product on any system with more than the number of computers
permitted by license, or permit the use, copying, or installation by more users, or on more
computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the
source code for the Software Product.
Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product
or its accompanying documentation. Derivative works include but are not limited to translations.
You may not alter any files or libraries in any portion of the Software Product.
Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use
inherently demands the creation of a temporary copy stored in computer memory and not
permanently affixed on storage medium. You may make one archival copy which must be stored
on a medium other than a computer hard drive.
Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY THE FIG APP, THE FIG APP MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
The Fig App makes no warranty that the Software Product will meet your requirements or operate
under your specific conditions of use. The Fig App makes no warranty that operation of the
Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE
WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR
REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO
FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. THE
FIG APP WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE
FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL THE FIG APP, ITS DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR
INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE
FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE
PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF THE FIG APP OR ANY OTHER PARTY, EVEN IF THE FIG APP IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS THE FIG APP’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the
correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of The Fig App. The Fig App reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If The Fig App is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects
arising under normal use and do not include malfunctions or failure resulting from misuse, abuse,
neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or
humidity, improper installation, or damage determined by The Fig App to have been caused by
you. All limited warranties on the Software Product are granted only to you and are nontransferable.
You agree to indemnify and hold The Fig App harmless from all claims, judgments,
liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Florida, without regard to Florida’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Terms of Service
The follower disclaimer must be acknowledged by clicking “Yes, I agree” when logging into the app for the first time.
It is imperative that you check with your local and state agencies to ensure that your operations are following protocol. This app is solely intended to provide generalized information to enhance school nutrition programs.
All lifestyle coaching content is intended to enhance the wellbeing of FIG’s subscribers. All lifestyle coaching videos are at your own risk. You should consult with your Doctor or certified professionals before implementing recommendations on this app.
Unless otherwise indicated, the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (the content) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
AR Development Holdings, Inc. dba The Fig App are not liable for:
Any injuries incurred while using the app or its contents,
Regulatory discrepancies within an SFA’s operations
Advertisements are not permitted within the app unless an authorized contract is signed with the FIG APP owners.
Anyone who posts unauthorized advertisements will be removed from the FIG app.
AUTO RENEWING SUBSCRIPTIONS – UNLESS CANCELED 24 HOURS BEFORE RENEWAL TIME ANY SUBSCRIPTION PURCHASE WILL BE AUTOMATICALLY RENEWED AND YOUR METHOD OF PAYMENT ON FILE WILL BE CHARGED FOR YOUR SUBSCRIPTION
Collection of your Personal Information
In order to better provide you with products and services offered, The Fig App may collect
personally identifiable information, such as your
First and Last Name
If you purchase The Fig App’s products and services, we collect billing and credit card
information. This information is used to complete the purchase transaction.
Please keep in mind that if you directly disclose personally identifiable information or personally
sensitive data through The Fig App’s public message boards, this information may be collected and
used by others.
We do not collect any personal information about you unless you voluntarily provide it to us.
However, you may be required to provide certain personal information to us when you elect to use
certain products or services. These may include: (a) registering for an account; (b) entering a
sweepstakes or contest sponsored by us or one of our partners; (c) signing up for special offers
from selected third parties; (d) sending us an email message; (e) submitting your credit card or
other payment information when ordering and purchasing products and services. To wit, we will
use your information for, but not limited to, communicating with you in relation to services and/or
products you have requested from us. We also may gather additional personal or non-personal
information in the future.
Use of your Personal Information
The Fig App collects and uses your personal information to operate and deliver the services you have requested.
The Fig App may also use your personally identifiable information to inform you of other products
or services available from The Fig App and its affiliates.
Sharing Information with Third Parties
The Fig App does not sell, rent or lease its customer lists to third parties.
The Fig App may, from time to time, contact you on behalf of external business partners about a
particular offering that may be of interest to you. In those cases, your unique personally identifiable
information (e-mail, name, address, telephone number) is transferred to the third party. The Fig
App may share data with trusted partners to help perform statistical analysis, send you email or
postal mail, provide customer support, or arrange for deliveries. All such third parties are
prohibited from using your personal information except to provide these services to The Fig App,
and they are required to maintain the confidentiality of your information.
The Fig App may disclose your personal information, without notice, if required to do so by law or
in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or
comply with legal process served on The Fig App or the site; (b) protect and defend the rights or
property of The Fig App; and/or (c) act under exigent circumstances to protect the personal safety
of users of The Fig App, or the public.
Opt-Out of Disclosure of Personal Information to Third Parties
In connection with any personal information we may disclose to a third party for a business
purpose, you have the right to know:
The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other
privacy and data protection laws, as applicable, to opt-out of the disclosure of your personal
information. If you exercise your right to opt-out of the disclosure of your personal information, we
will refrain from disclosing your personal information, unless you subsequently provide express
authorization for the disclosure of your personal information. To opt-out of the disclosure of your
personal information, visit this Web page www.thefigapp.com.
Tracking User Behavior
The Fig App may keep track of the websites and pages our users visit within The Fig App, in
order to determine what The Fig App services are the most popular. This data is used to deliver
customized content and advertising within The Fig App to customers whose behavior indicates that
they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by The
Fig App. This information can include: your IP address, browser type, domain names, access
times and referring website addresses. This information is used for the operation of the service, to
maintain quality of the service, and to provide general statistics regarding use of the The Fig App
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
The Fig App secures your personal information from unauthorized access, use, or disclosure. The
Fig App uses the following methods for this purpose:
When personal information (such as a credit card number) is transmitted to other websites, it is
protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or
alteration of your personal information. Unfortunately, no data transmission over the Internet or any
wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect
your personal information, you acknowledge that: (a) there are security and privacy limitations
inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any
and all information and data exchanged between you and us through this Site cannot be
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if
it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the
terms of a written warranty or product recall conducted in accordance with federal
law, provide a good or service requested by you, or reasonably anticipated within the
context of our ongoing business relationship with you, or otherwise perform a contract
between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal
activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise his or her right
of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
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 our
deletion of the information is likely to render impossible or seriously impair the
achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is
compatible with the context in which you provided the information.
Children Under Thirteen
The Fig App does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of The Fig App by contacting us here:
Web page: www.thefigapp.com
From time to time, The Fig App may contact you via email for the purpose of providing
announcements, promotional offers, alerts, confirmations, surveys, and/or other general
communication. In order to improve our Services, we may receive a notification when you open an email from The Fig App or click on a link therein.
If you would like to stop receiving marketing or promotional communications via email from The
Fig App, you may opt out of such communications by clicking the UNSUBSCRIBE button..
Changes to this Statement
about significant changes in the way we treat personal information by sending a notice to the
primary email address specified in your account, by placing a prominent notice on our website,
and/or by updating any privacy information. Your continued use of the website and/or Services
available after such modifications will constitute your: (a) acknowledgment of the modified Privacy
Policy; and (b) agreement to abide and be bound by that Policy.
The Fig App welcomes your questions or comments regarding this Statement of Privacy. If you
believe that The Fig App has not adhered to this Statement, please contact The Fig App at:
AR Development Holdings, Inc. _________________ 3460 Quail Dr.