Disclaimer

Thank you for choosing to participate in services and content offered by FitFizz, paid or otherwise. By viewing this website or anything made available on or through this website, including but not limited to programs, products, services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media and/or other communication (collectively referred to as “Website”), you are agreeing to accept all parts of this Disclaimer. If you do not agree to this, stop now, and do not access or use this Website.

Not a doctor

Your participation in any programs, services or other offerings from FitFizz specifically acknowledges that you are doing so voluntarily and that you are solely responsible for your choices, actions, and results, now and in the future. You accept full responsibility for the consequences of your use, or non-use, of any information provided on or through this Website, and you agree to use your own judgment and due diligence before implementing any idea, suggestion or recommendation from my Website to your life, family or business. None of my programs, products or content have been evaluated by the Food & Drug Administration. They are not intended to diagnose, treat, heal, cure or prevent any disease. 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.

Assumption of Risk

Do not rely upon any information found in my programs, courses or content to determine dietary changes, nutritional deficiencies, medical diagnosis or course of treatment. Please perform your own research and make decisions with your own licensed health care providers. You must obtain clearance from your doctor before beginning any exercise program and I am not held liable in any way if should decide to not do so prior to using any of my content. Do not start or stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.

I, Kelly Wilson, owner of FitFizz, am not acting in the capacity of a doctor, registered dietitian, or mental health care provider. Neither Kelly Wilson nor FitFizz is not providing health care, medical or dietary therapy services. I will not diagnose, treat or cure any circumstances related to your body, health, mind or those of your family.

You accept full responsibility for the consequences of your use of any information provided herein and assume all risks of injury, illness or death related to your participation in any programs, courses, or content — free or paid — by Kelly Wilson, her website(s) or affiliations. Your voluntary participation in any programs, courses, or content specifically absolves Kelly Wilson and FitFizz (fitfizzstudio.com) of any and all liability related to the information provided.

Although care has been taken in preparing all information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss, illness, injury or damage you may incur. Always seek proper counsel relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future.

Guarantees

My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment, and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his/her/their unique background, experience, effort, investment, dedication, desire, motivation, actions, and numerous other factors. You fully agree and understand that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.

Testimonials

I present real-world experiences, testimonials, and insights about other people’s experiences with my Website and programs for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved, or they are comments from individuals who can speak to my character and/or the quality of my work. They are not intended to represent or guarantee that current or future clients will achieve the same or similar results; rather, these testimonials represent what is possible for illustrative purposes only.

Limitation of Liability

By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that I will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.

Indemnification and Release of Claims

You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.

Warranties

FitFizz makes no warranties as to our website or its content. You agree that our website and its contents are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website or its content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our website or its content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

FitFizz tries to ensure that the availability and delivery of its Website and its Content are uninterrupted and error-free. However, it cannot be a guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website or its Content inaccessible to you.

Errors and Omissions

Although every effort is made to ensure the accuracy of information shared on or through this Website, the information may inadvertently contain inaccuracies or typographical errors.

You agree that I am not responsible for the views, opinions, or accuracy of facts referenced on or through my Website, or of those of any other individual or company affiliated with my business or me in any way. Because scientific, technology and business practices are constantly evolving, you agree that I am not responsible for the accuracy of my Website, or for any errors or omissions that may occur which might affect you in any sort of way, during any time frame.

Endorsements

References or links on my Website to the information, opinions, advice, programs, products or services of any other individual, business or entity does not constitute my formal endorsement. I am merely sharing information for your own self-help only. I am not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any other person, business or entity that may be linked or referenced in my Website. Conversely, should my Website link appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute my formal endorsement of them, their business or their website either.

Affiliate Links, Links to Other Sites, and Hyper-linking

I may promote, affiliate with, or partner with other individuals or businesses whose programs, products and services align with mine. In the spirit of transparency, I want you to be aware that there may be instances when I promote, market, share or sell programs, products or services for other partners and in exchange, I may receive financial compensation or other rewards. I am highly selective in who I choose to affiliate with. I only engage with companies whose programs, products and/or services I respect. You agree that any such promotion or marketing does not serve as any form of endorsement whatsoever. It is your responsibility to use any of those products at your discretion. You are assuming all risks, and you agree that I am not liable in any way for any program, product or service that I may promote, market, share or sell on or through my Website.

FitFizz may provide links and pointers to other websites maintained by third parties which may take you outside of our Website or its Content. These links are provided for your convenience and the inclusion of any link in our Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

By making a purchase and/or using free content on our Website and its Content in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on this Website.

Online Commerce

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with the payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Website or its Conduct in any way that causes or is likely to cause the Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content. You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

You must use the Website and its Content for lawful purposes only. You agree that you will not use the Website or its Content in any of the following ways:

• For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

• To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of

confidence, infringing of any intellectual property rights, or that may otherwise injure others

• To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of

• Any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

• To cause annoyance, inconvenience or needless anxiety

• To impersonate any third party or otherwise mislead as to the origin of your contributions

• To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these Disclaimers, the Terms and Conditions or any other agreement with us in regards to using the site, products, branding, content or any other elements associated with or property of the Site(s).

User Comments, Feedback, and Other Submissions

FitFizz is pleased to hear from users and welcomes your comments regarding our products and Service. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether Online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that FitFizz may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to the Company. FitFizz is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. FitFizz has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise, mislead FitFizz or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. FitFizz takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through the Site

Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Account Security

You are responsible for safeguarding the password that you use to access the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify FitFizz of any unauthorized use of your password.

You acknowledge that if you wish to protect your transmission of information to FitFizz, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Products and Service.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in this Disclaimer or in the Terms and Conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

If you have questions you can contact: info@fitfizzstudio.com

Revised November 17, 2022