BY USING ANY VIVIDFIZZ PROGRAMS, SERVICES OR PRODUCTS YOU ARE AGREEING TO THE FOLLOWING:
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.
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.
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.
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.
Payment is required upfront and cleared before any participation maybe begin. Programs, courses, e-books, services, consultations and paid content from VividFizz, vividfizz.com, and etsy.com/shop/vividfizz 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 VividFizz’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. VividFizz 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.
Once your payment has been made, there will be no cancellations or refunds under any circumstances after 24 hours. This applies to all products, services, goods, and packages.
Any request for cancellation within the 24 hour window must be sent to firstname.lastname@example.org. Any other attempts to cancel (such as social media) will not be accepted.
By purchasing audiograms, you are agreeing that it is your responsibility to use them within the allotted timeframe. There will be no refunds or extensions for unused portions of any package.
Inactivity by the purchaser does not entitle them to any refunds, either full or prorated. If VividFizz has tried to reach the user/client via email and has not received a timely response, the user/client understands that this might delay their turnaround time. VividFizz is not at fault if emails remain unseen in a user/client’s inbox or junk/spam folder.
NO REFUNDS OF ANY SORT WILL BE GIVEN FOR PREVIOUS MONTHS WHATSOEVER, REGARDLESS OF THE CLIENT’S LEVEL OF PARTICIPATION.
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.
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 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, VividFizz 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.
EXPECTATIONS AND RESULTS
VividFizz is not held liable for the use or effectiveness (or lack thereof) of any products created for you, your business, your social media accounts, or your brand.
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.
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.
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.
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 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.
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.
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.
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 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 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 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 email@example.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.
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.
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.
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.
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.
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).
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.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
VividFizz 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 VividFizz 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 VividFizz’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 VividFizz’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 VividFizz’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 VividFizz’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 VividFizz’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 of VividFizz’s sites are those such areas of our network properties that 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.
CONTRIBUTIONS TO COMPANY WEBSITE
VividFizz 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;
• VividFizz shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
• VividFizz 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 VividFizz; and
• VividFizz is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
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.
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.
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 firstname.lastname@example.org.
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.
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.
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.
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.
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.
The prices displayed on the site are quoted in U.S. dollars (USD). Kelly Wilson, the owner of VividFizz, 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.
EVENTS AND CONFERENCES
The conference program and speakers may change (including cancellation of sessions and workshops) without notice.
CONTESTS, SWEEPSTAKES, AND PROMOTIONS
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.
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 email@example.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.
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.
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.
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.
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.
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.
This Terms of Service Agreement constitutes the entire agreement between you and VividFizz 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 VividFizz Services and products. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other VividFizz Services, products, Affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and VividFizz 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 VividFizz, 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 VividFizz 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.
WAIVER AND SEVERABILITY OF TERMS
At any time, should VividFizz 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.
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.
You do hereby acknowledge and agree that VividFizz’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 VividFizz 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 VividFizz 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 VividFizz for use in accessing our Services.
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.
Please report any and all violations of this Terms of Service Agreement to firstname.lastname@example.org
Upon agreeing to this Terms of Service Agreement, you also understand that the following also apply:
ALL OF THE AFOREMENTIONED ARE NON-NEGOTIABLE UNDER ANY CIRCUMSTANCES.
If you have questions you can contact: email@example.com
Revised July 12, 2020