Terms & Conditions

OVERVIEW

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

Use of vividfizz.com, all materials presented, products and packages sold, services, physical goods, and digital goods herein provided by VividFizz, 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.

Information provided on the Site and in the services and goods — free or sold — are subject to change at any time and without notice. VividFizz makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. VividFizz disclaims all liability for any inaccuracy, error or incompleteness in the Content.

LIMITATION OF LIABILITY

VividFizz 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. VividFizz 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 VividFizz. VividFizz 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 VividFizz 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 VividFizz’s cumulative liability to you exceed the total purchase price of the Service you have purchased from VividFizz, and if no purchase has been made by you VividFizz’s cumulative liability to you has no monetary value under any circumstance.

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 VividFizz 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.

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.

REFUSAL OF SERVICE

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

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. VividFizz 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 the 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,

VividFizz has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.

CANCELLATIONS, REFUNDS, AND RETURNS

Please see details in your Client Agreement if you are a paying client, or you can also see further details for Terms of Use for Online Products and Programs here.

ACCURACY

VividFizz 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.

If you purchase a service or any designs/branding, your purchase is your agreement that VividFizz is not held liable for any typographical errors at any time. VividFizz is not a proofreader and proofreading services are not worked into the pricing structure. Therefore, all responsibility for correct spellings, grammar, punctuation, and images is held by the client.

Should you encounter an error, please let us know and we will do our best to make a correction within a reasonable time frame.

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 VividFizz from any claim against VividFizz 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. VividFizz 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.

VividFizz does not claim ownership of Material you supply to VividFizz. However, the act of posting Material to the site conveys an irrevocable, worldwide license to VividFizz to use and distribute the posted Material in connection with any related VividFizz 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 VividFizz, you agree to hold VividFizz 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 VividFizz. 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 VividFizz 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 purchase or access our Website or any of its Content, you agree that:

• You will not copy, duplicate, or steal our Website or Content. You understand that doing anything with my Website or its Content that is contrary to these terms and conditions and is considered theft. VividFizz reserves the right to prosecute theft to the full extent of the law.

• You are permitted from time to time to download and/or print one copy of individual pages of the Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the Website page from which the Content was obtained.

• You may not in any way at any time use, copy, adapt, imply or represent that any portion of my Website or its Content is yours or created by you. By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.

• You must receive written permission before using any Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content because that is considered stealing our work.

• By using this site you are granted a limited license to enjoy the Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

• 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 VividFizz 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@vividfizz.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.

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 VividFizz is not responsible for any type of liability resulting from your use. Some of the links might be affiliate links where VividFizz, 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.

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.

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 VividFizz. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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 may 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).

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.

WAIVER

No waiver of any of the provisions of this Agreement by VividFizz 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 VividFizz.

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 VividFizz 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.

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.

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 sublicense by you is invalid.

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.

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

Revised July 12, 2020