Terms of Use for Online Programs and Products

Overview

The terms “we”, “us”, and “our” refers to FitFizz. The term the “Site” refers to fitfizzstudio.com and all sites connected with FitFizz and fitfizzstudio.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

Use of fitfizzstudio.com, all materials presented, products and packages sold, services, physical goods, and digital goods herein provided by FitFizz, are subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the Site. By using the Site or service(s) and/or ordering a product from the Site, or using free content, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

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Limitation of Liability

FitFizz will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. FitFizz does not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with FitFizz. FitFizz does not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who are engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility.

The foregoing applies even if FitFizz has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall FitFizz’s cumulative liability to you exceed the total purchase price of the Service you have purchased from FitFizz, and if no purchase has been made by you FitFizz’s cumulative liability to you has no monetary value under any circumstance.

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Account Creation

In order to use the Service, you are required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to FitFizz will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. If you did, that would be embarrassing.

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Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. Seriously, breaking laws isn’t as cool as the movies might have led you to believe. Let’s keep it legit.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. You should also try not to pour water on your keyboard because then it’s really hard to use the Site at all.

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PAYMENT TERMS

Payment is required upfront and cleared before any participation maybe begin. Programs, courses, e-books, services, consultations and paid content from FitFizz, fitfizzstudio.com, https://fitfizz.practicebetter.io, and etsy.com/shop/fitfizz are non-refundable except for the instances below. Some plans or courses may offer payment plans or monthly payments.

You agree to pay and authorize FitFizz’s third party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your subscription to use our Services or purchase our products. All fees are in United States Dollars (USD) and are non-refundable except as required by law. FitFizz is not responsible for charges or foreign exchange rates applied by your Credit Card Company and/or financial institution. You are responsible for providing complete and accurate billing and contact information to us. We may suspend or terminate the Services if fees are 30 days past due.

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Fruition Nutrition Coaching Packages, 30 Day Guarantee:

It is my sincere hope that every client is satisfied. If you are a member/client of Fruition Nutrition powered by Precision Nutrition’s ProCoach software, I will honor a 30-day satisfaction guarantee with pending stipulations. In order to be eligible for the guarantee, there is a minimum participation requirement of 80%. That means that you have done AT LEAST 80% of the daily modules, lessons, assignments, workshops, and workouts (if applicable).

As the coach, I have access to see when you’ve completed each module and there are check and balances in place to monitor all aspects of your participation and progress. Keep in mind that you cannot go back and make up for missed days. The ProCoach software is created in such a way so that if you miss a day, it recalculates. The beauty of this is that each day starts with a fresh slate and you’ll never feel overwhelmed. As an example and to be extra clear on how the 30-day guarantee works, if you do absolutely nothing for the first two weeks, it would be impossible to complete 80% worth of the first 30 days of modules. Therefore it is critical that you jump in and give your best effort right away.

It is also required that you give the entire 30 days effort in order to be eligible. Why is that? It’s because there are no guaranteed quick fixes from any coach, under any circumstances. Change only happens with time and dedication. I have full belief in the processes, science, and methods that I use, which are built on the standard methods of Precision Nutrition. Over 100,000 people have proven results on the program so if you do follow along each day with full participation, you will start to see change.

Before signing up you are also aware that this is a year-long program with 50 weeks of programming and two weeks of programmed rest. Therefore, by signing up you realize that 30 days is only 1/12th of the full program, so your expectations should align with that. Any refund claims must be made by midnight central time on the 30th day after the program begins. No exceptions.

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Fruition Nutrition Coaching Packages, Cancellation Policy:

As stated above, this is a year-long program (50 weeks) but you are free to terminate your membership earlier if you are in compliance with the following terms:

• Clients who are paying, or have paid, in sums other than month-to-month are ineligible for any refund after 30 days of the minimum requirement of 80% participation (see above)

• Clients who are paying on a month-by-month basis may choose to cancel their membership by contacting kelly@fitfizzstudio.com at least seven (7) days prior to their next scheduled payment. No exceptions. You will be notified with a response to your email to confirm the cancellation of your membership. You will still have access throughout the rest of the month which you have already paid for. This is the ONLY accepted method of cancellation.

• There will be no pro-rated refunds under any circumstances.

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Fruition Nutrition Coaching Packages, Commitment:

While these programs are charged on a month-to-month basis or in full, MEMBERSHIP REQUIRES A MINIMUM 3-MONTH COMMITMENT. The program is created to last for a full year.

As an example of the minimum requirement, if you should decide you’d like to cancel after using the program for 45 days, you will have already paid for two monthly payments, and you will be required to pay for the third regardless of your level of participation.

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Fruition Nutrition Coaching Packages, Pricing:

If you have become a member during the initial launch, you have the benefit of Founding Member pricing. These prices will not be offered again. If you decide to cancel at any point and decide to re-enroll, you will no longer be eligible for the special Founding Member pricing and you’ll pay the regular rate for any level you choose.

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Inactivity

As a coach, I will do my best to check in on your if I notice inactivity to see how I can help you. If you choose to not reply and inactivity continues for any reason, I am not held liable for your payments for unused services. That is your responsibility. As stated above, refunds are allowed IF you have shown full participation for the first 30 days. If there is inactivity after that, you are still responsible for the payments unless/until you formally contact me (as stated above) to proceed with official cancellation. If there happens to be a waiting list for new clients and you have remained inactive for 30 days or more, as well as not replying to my follow-up emails, I reserve the right to cancel your membership at my discretion.

NO REFUNDS OF ANY SORT WILL BE GIVEN FOR PREVIOUS MONTHS WHATSOEVER, REGARDLESS OF THE CLIENT’S LEVEL OF PARTICIPATION.

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Other Coaching Packages, Courses, Services and Products

Due to the digital nature of my products and services, no product, service, e-book, course, program or coaching option will be permitted a refund. Lack of use, lack of effort, life circumstances, change in health status, change in financial status, change in location, desire, willingness or any other reason will be terms for a refund. I have made great efforts to offer detailed information on the exact nature of each item so that you are able to make an informed decision before you decide to make a purchase.

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Appointments and rescheduling

If you need to reschedule an appointment, it must be made at least 24 hours in advance. You are only allowed to reschedule one time for each original appointment. If for some reason you are unable to keep your rescheduled appointment, then that time will be forfeited and no refunds or transfers will be allowed.

If I, Coach Kelly, am unable to keep an appointment for an unexpected reason, I will contact you with as much notice as possible and you’ll get priority for rescheduling. Please understand that it might happen on rare occasions if at all.

Any arrivals or log-ins later than 10 minutes will be canceled and will be considered missed sessions. Prior notice is appreciated if you are running late and you will improve your chances of accommodating your session if the schedule allows.

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Unsuccessful Payments

If for any reason your card is declined when it’s time to pay your automatic monthly membership fee, you will be contacted to remedy the situation. If you are unreachable or no response is received and your card is still declined within a window of five (5) business days, FitFizz reserves the right to fully cancel your membership at the end of those five business days.

Access to any/all sessions and materials maybe be immediately revoked and no refunds will be made. No exceptions.

If at any point your membership is canceled or suspended while you are still on your program, you will not be allowed to attend any scheduled appointments until you have reinstated your membership. Your start and end dates will not be moved and your missed sessions cannot be made up, refunded, held, exchanged, or transferred.

All purchases are final. There are no refunds, exchanges, holds, or transfers.

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Expectations and Results

In order to get the best results, check in and do the tasks, assignments, lessons, etc. every day. They are created in a way so that you can make manageable improvements without ever feeling like it’s an overwhelming time commitment. Obviously, things happen in life where you won’t be able to do every single lesson, every single day. And that’s okay! This program is built for that. If you strive to be at least 80% compliant over the course of a year, that is still exceptionally well. As a coach your happiness and well being is a priority so I would never want a client to feel that daily lessons have to be prioritized over illness, family vacations, holidays or things like that. However, part of the beauty of this program is that it teaches you how to stay on track WHILE facing life’s curveballs. Those are the true victories.

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PURCHASES AND ONLINE COMMERCE

If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to manually pay it by the date due on the invoice or your Program, Product or Service will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a five (5) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products and/or Services.

All information obtained during your purchase or transaction for our Programs, Products, and Services 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 and our payment processing company.

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. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and 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 Programs, Products or Services, 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.

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Order Confirmation

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. FitFizz is not responsible for miscommunication due to undelivered emails, or emails sent to junk/Spam folders. It is your responsibility as a customer, user, or client to be aware of transactions regardless of email delivery or accidental non-delivery.

If you’ve signed up for a subscription with us, the subscription renews automatically and your credit card will be charged fees stated at the time of purchase (or the introductory rate during introductory period). Price may change at the end of your subscription period. You will be notified of any price changes ahead of time with an option to discontinue. Your subscription will start as soon as your credit card is successfully charged. If you have signed up for an Online class, workshop, or coaching, confirmation that we have received your order and payment does not constitute acceptance into the class, workshop, or coaching plan. If you have submitted a deposit or payment in full for a service, FitFizz has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.

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Refusal of Service

FitFizz reserves the right to refuse service to any person or entity without obligation to assign a reason for doing so. FitFizz reserves the right to limit the number of participants in any given Online class or workshop, or limit downloads. FitFizz may at any time change or discontinue any aspect or feature of the Site or Service.

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Accuracy

FitFizz makes a genuine effort to be as accurate as possible. Please do not accept that the Site is entirely accurate, current, or completely error-free at all times. From time to time there may be corrections to errors in pricing, descriptions, or other details. We reserve the right to refuse or cancel any order with an incorrect price listing.

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Intellectual Property Rights

You will not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any Materials are not so protected rests entirely with you. You are liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify FitFizz from any claim against FitFizz resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

FitFizz reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

FitFizz does not claim ownership of Material you supply to FitFizz. However, the act of posting Material to the site conveys an irrevocable, worldwide license to FitFizz to use and distribute

the posted Material in connection with any related FitFizz publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to FitFizz, you agree to hold FitFizz harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. Progress photos will never be shared with any sources without your written consent.

All content provided on the Site and in the Service, including all products and all Online class and workshop materials are the intellectual property of FitFizz. The content of the Site and Service are protected by United States trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent.

You may not remove, edit, alter or manipulate any trademark, copyright, logo, design elements, branding elements, images or content of the Site or the Service at any time for any reason.

We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

This Website and its Content is property solely owned by FitFizz and it is protected by copyright, trademark, and other intellectual property laws. You may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:

• You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.

• You will not in any way use, copy, adapt or represent any of our Programs, Products, Services or Program Materials in any way as if they are yours or created by you.

• You will not engage in improper and/or unauthorized use of our Programs, Products, Services and Program Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Program Materials or any other information accessed or purchased through our Programs, Products or Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

• You will not duplicate, share, trade, sell, or otherwise distribute our Programs, Products, Services or Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Program Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Programs, Products, and Services or Program Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Program, Product, Service, and Program Materials

• You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.

• You will not reprint or republish any part of our Programs, Products, Services or Program Materials for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.

• You will not use our Programs, Products, Services or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.

• You may not engage in improper and/or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to the Programs, Products or Services.

• You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Programs, Products or Services or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.

• You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

• Any/all programs, products, classes, or courses are not meant to be shared unless it is explicitly stated it’s for more than one person. If you are caught doing so, your access will be immediately revoked and no refunds of any sort will be made.

The trademarks and logos displayed on this Website or its Content are trademarks belonging to FitFizz and owner Kelly Wilson unless otherwise indicated. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission. All rights not expressly granted in these terms or any express written license are reserved by us.

By posting or submitting any material on or through this Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason.

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to info@fitfizzstudio.com.

It is very clearly stated that you may not use any Content in any way that is contrary to these terms and conditions unless we have given you specific written permission to do so. If you are granted permission, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

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Limitations on Linking and Framing

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 in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

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Affiliate Disclaimer

The purpose of this website is to be educational and informational. Any content, resources, tools, websites, and suggestions are that you decided to use are done so by your own free will and FitFizz is not responsible for any type of liability resulting from your use. Some of the links might be affiliate links where FitFizz, or Kelly Wilson, might receive some financial compensation if you use those links. Kelly only uses affiliate links for companies which she uses herself and strongly approves of.

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Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including Terms and Conditions at any time.

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Third Party Resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with FitFizz. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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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).

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CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to Online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

• are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor

• a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

• agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

• agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

• agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

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CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

FitFizz shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for FitFizz the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

The content submitted or made available for inclusion on the publicly accessible areas of FitFizz’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of FitFizz’s sites, and shall terminate at such time when you elect to discontinue your membership.

Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of FitFizz’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of FitFizz’s sites and shall terminate at such time when you elect to discontinue your membership.

For any other content submitted or made available for inclusion on the publicly accessible areas of FitFizz’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas ofFitFizz’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members.

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CONTRIBUTIONS TO COMPANY WEBSITE

FitFizz provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

• your contributions do not contain any type of confidential or proprietary information;

• FitFizz shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

• FitFizz shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

• the contributor’s Contributions shall automatically become the sole property of FitFizz; and

• FitFizz is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

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Your License to Us

By posting or submitting any material on or through our Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.

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Media Release

By participating in our Programs, Products, and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

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REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the Contact form on this Website, or by sending an e-mail to info@fitfizzstudio.com.

We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Program Materials.

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SECURITY

When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both Online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

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DISCLAIMER

Our Programs, Products, Services, and Program Materials are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and Program Materials, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Program Materials participant or user, including you.

Our Programs, Products, Services, and Program Materials are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Programs, Products, Services, and Program Materials is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other healthcare professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

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Technology Disclaimer

We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot 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 Programs, Products, Services or Program Materials become unavailable or access to 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 Programs, Products, Services or Program Materials inaccessible to you.

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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 Programs, Products, Services or Program Materials, 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.

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Service

The prices displayed on the site are quoted in U.S. dollars (USD). Kelly Wilson, the owner of FitFizz, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at her discretion. Programs, subscriptions, services, courses, and packages are subject to change in price. Once you have signed up, your price will not change during the time you have committed to. This also means that any sales, promotions or coupons that might be promoted for others DURING your membership are not eligible to be applied to your current membership. No exceptions.

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Events and Conferences

The conference program and speakers may change (including cancellation of sessions and workshops) without notice.

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Contests, Sweepstakes, and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. Promotions may be available for a limited time.

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Testimonials

We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved. Each client has approved these testimonials, examples, and photos for use in materials to speak to our Program, Product and/or Services, but they are not intended to represent or guarantee that current or future clients will achieve the same or similar results. Rather, these client stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on our Website and through our Programs, Products, and Services are the culmination of numerous variables, some of which we cannot control.

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Feedback

We would love to hear from you and welcome any feedback, comments, and suggestions you may have to improve our Services and/or our Site (“Feedback”). You can submit Feedback by emailing hello@fitfizzstudio.com. When you submit your Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license (under any and all intellectual property rights that you own or control) to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

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Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service(s). You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

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Waiver

No waiver of any of the provisions of this Agreement by FitFizz shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by FitFizz.

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Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, Kelly Wilson, dba FitFizz shall be entitled to recover all attorneys’ fees and all other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

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Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

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Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sub-license by you is invalid.

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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 these Terms and Conditions, or in the Disclaimer, with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

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ENTIRE AGREEMENT

This Terms of Service Agreement constitutes the entire agreement between you and FitFizz and shall govern the use of our Services, superseding any prior version of this Terms of Service Agreement between you and us with respect to FitFizz Services and products. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other FitFizz Services, products, Affiliate Services, third-party content or third-party software.

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CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and FitFizz with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Illinois without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Terms of Service Agreement, or the relationship between you and FitFizz, shall be filed within the courts having jurisdiction within the County of Kane, Illinois or the United States District Court located in Illinois. You and FitFizz agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to the venue in such courts.

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WAIVER AND SEVERABILITY OF TERMS

At any time, should FitFizz fail to exercise or enforce any right or provision of the Terms of Service Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Terms of Service Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service Agreement remain in full force and effect.

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NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

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PROPRIETARY RIGHTS

You do hereby acknowledge and agree that FitFizz’s Services and any essential software that may be used in connection with our Services shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by FitFizz or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on FitFizz Services (e.g. Content or Software), in whole or part.

Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by FitFizz for use in accessing our Services.

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STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Terms of Service agreement must be filed within 1 year after said claim or cause of action arose or shall be forever barred.

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VIOLATIONS

Please report any and all violations of this Terms of Service Agreement to info@fitfizzstudio.com

Upon agreeing to this Terms of Service Agreement, you also understand that the following also apply:

• Website Disclaimer

• Website Terms and Conditions

• Website Privacy Policy

• Terms of Service of Online Programs and Products

• Release and Waiver of Reliability and Indemnity Agreement

• All disclaimers, terms and conditions and policies of Precision Nutrition and ProCoach software

• All disclaimers, terms and conditions and policies of PracticeBetter.io

All of the aforementioned are non-negotiable under any circumstances.

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

Revised July 12, 2020