Terms of service.
Date Updated: March 9, 2023
You understand that by accessing fitbodyhealthysoul.com, including any content, functionality, and services offered on or through fitbodyhealthysoul.com (the "Website"), you voluntarily agree to abide by these Terms of Use (these “Terms”) with Fit Body + Healthy Soul LLC (referred to as "Fit Body + Healthy Soul LLC," "us," "we," or "our" as the context may require).
OVERVIEW.
The Website shall include any information or services made available by us, regardless of the medium, and shall include, without limitation any affiliated Website, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Website, or any part of the Website, with or without notice.
The Website is not intended for users under 13 years of age. If you are under 13, do not use the Website and do not provide us with any personal information.
PRIVACY.
We respect your privacy and are committed to protecting it. Our Privacy Policy below, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
ACCESSIBILITY POLICY
We recognize the need to develop electronic and information technology (E&IT) products and services that are accessible and usable by all people, including those with disabilities and special needs. We are committed to (designing products and services to conform) to applicable accessibility standards, to the maximum extent practicable. We’re always learning. We consistently look for improvements in accessibility.
Support Services. We provide technical and customer support to accommodate the needs of users with disabilities and address issues related to the accessibility of Company’s goods and services at 607-323-1886 and support@fitbodyhealthysoul.com.
Steps We’ve Taken to Improve Accessibility
Here are some of the items we have addressed to make sure our sites and apps are as easy to use as possible for all users:
• Site Structure — We use accurate and descriptive headings, lists, paragraphs and other formatting features on our website so users may easily use the site with assistive technology.
• Text Equivalents —We are working to ensure all of our images and multimedia are fully accessible through alternative text, captions and transcripts for audio.
• Full Keyboard Access — Our website can be accessed using a keyboard.
We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and regulations.
DISCLAIMERS.
Errors and Omissions. This website is updated on a regular basis. While we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials on the website are entirely accurate, complete or up to date. If you should see any errors or omissions and would like to let us know, please notify us at support@fitbodyhealthysoul.com.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Website, its content, and any services or items obtained through the Website. However, in the event of a technological failure, while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third-party provider.
Assumption of Risk. You assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational content provided to me, including by any of our contributors or any of the other Website users. You take full responsibility for your business’ health, your personal health and well-being, your actions and decisions, and your personal care during the Website. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Educational and Entertainment Purposes Only. `We and our contributors are not medical, legal, financial or other professionals, or if we are, during the terms of this Website and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Website. This Website is for educational and entertainment purposes only. None of the Website or its related material(s) should be construed as medical, legal, financial advice.
No Guaranteed Outcomes. There is absolutely no guaranty of suggested outcome - ex: you will lose weight, overcome mental illness, you will make or create income, etc. as a result of listening to, participating, completing on this Website. You understand that outcomes of the Website can be subjective and can vary greatly depending upon individual circumstances and individual effort invested in the Website process.
Content Warning. The content in this Website may contain discussion and demonstration that may challenge your limiting beliefs, and/or push you beyond your comfort zone, so please take appropriate steps to protect your mental health and expectations.
USER CONTRIBUTIONS.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Term.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Term.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
User Contributions must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) promote any illegal activity, or advocate, promote, or assist any unlawful act (iv) infringe or misappropriate the intellectual property rights privacy, or publicity rights of others, or (v) contains harmful content such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with a system, program, data, or personal information. If we are made aware of and determines that User Contributions have violated these Content Standards, we will take commensurate action to restore a supportive and productive environment, including the removal of the user who violated these Content Standards from the Website.
AFFILIATE DISCLAIMER.
We reserve the right to link to products or services for which we earn a commission. A commission, affiliate fee and referral fee are all the same thing for this purpose. We will use reasonable efforts to conspicuously disclaim affiliate links in articles, resources and similar communications.
LINKS FROM THE WEBSITE.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
INTELLECTUAL PROPERTY.
To honor and protect our intellectual property, you agree not to reproduce or distribute this Website’s written content, techniques or methods to any third party without our prior written consent. You understand that our written, and recorded content are protected by United States intellectual property laws.
RELIANCE ON INFORMATION POSTED.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
COPYRIGHT COMPLAINTS.
We respect the intellectual property of others and require that our users do the same. If you believe that your work has been copied and is accessible on this WEBSITE in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report it to us in writing. Written notice of claimed infringement should be directed to our designated agent at gwen@liveinfinis.com attention Gwen Mrva.
Use of this Website constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours that may govern your conduct. Thank you for participating in the Website. Please do not hesitate to contact us if you have questions.
LIMITED LICENSE.
Subject to and in accordance with these Terms and other guidelines or instructions we include in the Website, we grant a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the content on the Website. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
INTELLECTUAL PROPERTY RIGHTS.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute any of the material on our Website, except as follows:
· You may print and/or download any purchased and/or free digital materials related to services for your personal, non-commercial use only.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
· If we provide social media features, with certain content, you may take such actions as are enabled by such features.
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: support@fitbodyhealthysoul.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
SURVIVAL.
You understand that the terms of these Terms shall survive beyond your use of the Website.
LIMITATION ON LIABILITY.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
FORCE MAJEURE.
We are not be liable or responsible for, nor be deemed to have defaulted under or breached these Terms, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of these Terms, when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic, (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions, (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of us or our contributors. We shall give notice as soon as reasonably possible to all of the Mastermind members of the occurrence of a Force Majeure Event. We shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. We shall resume or reschedule the performance of its obligations as soon as reasonably practicable after the removal of the cause.
INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Term, or your use of any information obtained from the Website.
DISPUTE RESOLUTION.
All matters relating to the Website and these Term, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Endicott and County of Broome. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ARBITRATION.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERM OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
AMENDMENTS.
We may amend these Terms from time to time. It is your responsibility to check this Website periodically for changes to these Terms. If we do amend these Terms, the date at the top of this Website indicates when these Terms were last updated. Amendments to these Terms will take effect on the date on which we publish the amendments on this Website, and from then on will govern the relationship between you and us in respect of your use of this Website. Continued access will constitute agreement to the updated Terms.
ENTIRE AGREEMENT.
These Terms represents the entire agreement between the parties with respect to Website.
ALL RIGHTS RESERVED.
All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by us.
YOUR COMMENTS AND CONCERNS.
If you have any questions about any term of these Term, please contact us at support@fitbodyhealthysoul.com