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Terms and Conditions of Use / Disclaimer

 

Last Modified: September 24, 2022

Use and Consent

Please read these Terms and Conditions of Use (hereinafter “Terms and Conditions”) carefully and in their entirety before using fightagainstfibro.com (hereinafter “we,” “our,” “us”). You, as a visitor and/or user of our website, agree to these Terms and Conditions, and your access and/or use of our website, products, and/or services or via materials requested through email constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

This website and any products and/or services offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

Privacy Policy

We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy.

For Educational and Informational Purposes Only

The information provided in or through this website is for educational and informational purposes only and solely as a self-help tool for your own use.

 

Medical Disclaimer

You understand and agree that this website and our products, programs, and services is intended to provide information and education and is not intended as medical, psychological, or psychiatric advice and is not intended to provide diagnosis, treatment, prevention, cure or guarantee.

The information provided is not a substitute for professional medical, psychological, or psychiatric advice, diagnosis, or treatment for your individual condition and circumstance. You should consult with a licensed and/or registered health care professional about your individual condition and circumstance. You warrant that you have submitted to a physical examination and have a physician’s approval to participate or are participating without the approval of a physician of your own volition and at your own risk.

You should always consult with a licensed and/or registered health care professional before making any health or dietary changes or beginning any exercise program. If you are pregnant, nursing, obese, diabetic, or have any other medical or mental condition, you should follow the supervision of a licensed and/or registered health care professional.

 

By starting any exercise program, you assume all risks of injury, dangers, and/or hazards as a result of doing so. You should use any equipment shown in any exercise program as demonstrated only.

Do not stop taking any prescribed medications or disregard or delay seeking medical advice based on any information contained in this website and our products, programs, and services.

Licensure Status

Fight Against Fibro, LLC is co-owned by (1) a nationally certified dietary service manager and (2) a nationally certified occupational therapist licensed in the State of North Carolina. By using this website, you acknowledge that Fight Against Fibro, LLC does not have any clinician-patient relationship with you.

No Warranty or Liability

The information provided on fightagainstfibro.com is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or services purchased therefrom or via materials requested through email.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

 

YOU AGREE THAT FIGHT AGAINST FIBRO, LLC AND FIGHTAGAINSTFIBRO.COM ARE NOT LIABLE TO YOU OR OTHERS IN ANY WAY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND/OR SPECIAL DAMAGES.

 

YOU AGREE THAT FIGHT AGAINST FIBRO, LLC AND FIGHTAGAINSTFIBRO.COM ARE NOT LIABLE FOR ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES, LOSS OF DATA, COMPUTER FAILURE, COMPUTER VIRUS OBTAINED BY USE OF OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR SERVICES  PURCHASED THEREFROM, OR VIA MATERIALS REQUESTED THROUGH EMAIL, OR ANY OTHER SIMILAR ISSUE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.

FIGHT AGAINST FIBRO, LLC  AND FIGHTAGAINSTFIBRO.COM’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD).

 

We expressly exclude any liability to the fullest extent of the law.

By using our website and its content or purchasing a service and/or product from our website or requesting materials via email, you agree to this limitation of liability and release Fight Against Fibro, LLC  and fightagainstfibro.com from any and all claims.

Payments

The cost of your Digital Product and the payment terms are as reflected on the sales page. You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.


If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access to the Digital Product, thereby terminating these Terms of Use and all of our obligations hereunder.

It is your responsibility to notify Fight Against Fibro, LLC if your credit card has changed or has expired and to make appropriate changes or your access to the Digital Product may either be suspended or terminated.

 

We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.

 

All of the personal information that you provide as part of the purchase process for any Digital Product may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.

 

Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.

Refunds

We want you to be satisfied with your purchase. We also want and expect you to give your best effort to apply all of the strategies provided in our products and e-courses. We offer a 30-day refund period for purchases of e-courses (does not include other digital products). However, in order to qualify for a refund you must submit proof that you did the work in the course and it did not work for you.

 

You have 30 calendar days from the date of purchase to request a refund by emailing contact@fightagainstfibro.com and let us know you’d like a refund by the 30th day at 11:59 PM (23:59) EST. You must include (1) proof of completed coursework and (2) proof of active participation in the Facebook group with your refund request. All refunds are discretionary as determined by Fight Against Fibro, LLC. 

We will not provide refunds more than 30 days following the date of purchase. After the refund window has closed, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program. If you opted for a payment plan and you do not request a refund within 30 days, included proof of participation, you are required by law to complete the remaining payments of your payment plan.

 

If you pay by credit card, and seek a refund of funds, your refund will be reduced by any applicable credit card charges that are assessed against us.  Credit card charges are estimated and will be charged based on what we are charged by the Credit Card Processor.

 

We do not tolerate or accept any type of chargeback from your credit card company.

 

Termination

Fight Against Fibro, LLC reserves the right to terminate your access at any time for any reason, including for your breach of these Terms of Use.

Upon the termination of your access, you shall delete and/or destroy all downloaded and/or printed copies of the materials from http://fightagainstfibro.com obtained therefrom.

Passwords

Certain features of our Digital Products may require the creation of a username and password. You are responsible for keeping your username and password confidential. We ask that you not share your username or password with anyone. We cannot and will not be liable for any loss or damage arising from your failure to protect your username or password.

You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security.

Intellectual Property Protection and Personal Use

The materials contained on our website, including, but not limited to, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files, are the proprietary property of Fight Against Fibro, LLC and are protected by United States intellectual property rights.

You may electronically copy and print portions of fightagainstfibro.com solely for your personal, non-commercial use.

 

While we love the sharing of our content via social media, and fightagainstfibro.com uses various plug-ins and widgets to allow for this type of sharing, the use of these plug-ins and widgets does not constitute a waiver of Fight Against Fibro, LLC’s intellectual property rights. Such use is a limited license to republish our website content on the approved social media channels with full credit to fightagainstfibro.com.

Fight Against Fibro, LLC grants you a single non-transferable license to download, view, copy, and/or print any products you purchase from fightagainstfibro.com or materials requested via email solely for your personal, non-commercial use. You may not share the cost of any product or the product itself with any third party.

You may not share your login credentials for fightagainstfibro.com with any third party for any reason. You may not sell or transfer your access to fightagainstfibro.com or any of the content and/or materials contained therein to any third party.

 

Upon the termination of this license, you shall delete and/or destroy all downloaded and/or printed copies of the materials from fightagainstfibro.com obtained therefrom.

You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from Fight Against Fibro LLC and fightagainstfibro.com to create a competing product.

Any other use of the materials in fightagainstfibro.com, any product you purchase, and/or materials requested via email, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.

You agree that you will not use our website, products (including e-courses), programs, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.

User Limitations

You agree that you will not post, transmit, upload, or otherwise make available any User Content that is:

  • Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;

  • Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or

  • Advertises or otherwise solicits funds or is a solicitation for goods or services.

You agree to use this website and our products (including e-courses), programs, and services for lawful purposes only and agree not to violate or attempt to violate any security features of fightagainstfibro.com, including, but not limited to:

  • Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

  • Attempting to probe, scan, or test the vulnerability of fightagainstfibro.com or any associated system or network, or to breach security or authentication measures without proper authentication;

  • Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to fightagainstfibro.com, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

  • Using fightagainstfibro.com to send unsolicited email, including, without limitation, promotions or advertisements for products or services;

  • Forging any TCP/IP packet header or any part of the header information in any email or in any posting to fightagainstfibro.com; or

  • Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing fightagainstfibro.com.

You understand that any violation of system or network security may subject you to civil and/or criminal liability. Fight Against Fibro, LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

Indemnification

You agree at all times to defend, hold harmless, and indemnify Fight Against Fibro, LLC  and fightagainstfibro.com, and any affiliates, agents, or other party associated with Fight Against Fibro, LLC  and fightagainstfibro.com, from any cause of action, lawsuits, judgments, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email, as well as any third party claims of any kind arising from your actions in relation to our website.

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

No Formal Endorsements

Any reference or link to any other companies, events, services, or products in our Digital Products does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products. You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business. You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure

We may choose to provide an affiliate link to products and/or services that we believe align with our own Digital Products. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link. You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Your License to Us

When you submit any post, comment, image, or other content that you upload, publish, or display on or through our website (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.

You retain the right to remove your User Content at any time.

If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.

Testimonials

Our website may feature testimonials from time to time. They are examples. While these testimonials are accurate and honest portrayals of actual clients or customers sharing their opinions about our website, products and/or services, they are not a guarantee that all clients or customers will have the same, similar, or better experience.

No Formal Endorsements

Any reference or link to any other companies, events, services, or products, on our website, blog, or in our emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.

You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.

You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Affiliate Disclosure

We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services from time to time. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.

You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.

Third Party Links

From time to time, we may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by Fight Against Fibro, LLC and fightagainstfibro.com. If you use those links, you leave our website.

You agree that Fight Against Fibro, LLC and fightagainstfibro.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.

By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that Fight Against Fibro, LLC and fightagainstfibro.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.

By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from fightagainstfibro.com’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.

Notices

  • To You: We may provide any notice to you under these Terms of Use by sending a message to the email address you provide. It is your responsibility to keep your email address current.

  • To Us: You may provide any notice to us under these Terms of Use by sending a message to contact@fightagainstfibro.com.

 

Notices sent by email will be effective upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email, or other written acknowledgment); provided that if such notice is not sent during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day for the recipient.

 

Amendments

We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and it is your responsibility to review these Terms of Use for any changes.

Such amendments are effective immediately upon us posting the revised Terms of Use to fightagainstfibro.com and sending a message to the email address you provide in accordance with the procedure outlined in the Notices section herein.

 

No Assignment

These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any assignment, delegation, sublicense, or transfer by you is null and void.

Waivers

No failure to exercise and no delay in exercising any right, remedy, or power under these Terms of Use shall operate as a waiver thereof.

Dispute Resolution and Jurisdiction

These Terms and Conditions shall be governed and construed according to the laws of the State of Wisconsin, without regard to conflict of laws principles. The nearest state and federal court to Mercer, Wisconsin shall have exclusive jurisdiction over any case or controversy arising from your use of our website or its content, or products and/or services purchased therefrom, or via materials requested through email.

By using our website or its content, or products and/or services purchased therefrom, or via materials requested through email, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.

 

In the event that Fight Against Fibro, LLC must make a claim for any breach of these Terms and Conditions by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.

Severability

If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: contact@fightagainstfibro.com 

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