Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE CAREFULLY.
This website is owned and operated by Brittany Barbosa Halpin, DBA Be Fit By Brit, LLC (“Owner”). These Terms set forth the Terms and Conditions under which you may use this website, its products and health coaching services as offered (collectively, the “Service”). By accessing or using the website of Service, you affirm that you have read, understood, and agree to be bound by these Terms. The Owner reserves the right to change, modify, add or remove portions of these Terms and Conditions at any time. By using the Service, you agree to the Terms and Conditions whether or not you have read them.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ORDER BE FIT BY BRIT’S PRODUCTS OR SERVICES.
1. Terms and Conditions
By using the Service, you agree to be legally bound and to abide by these Terms and Conditions. If you do not comply with these Terms and Conditions at any time, the Owner reserves the right to terminate your user account and/or access to the Service. You agree that any termination or cancellation of your access to or use of the Service may be affected without prior notice, and the Owner shall not be liable to you or any third-party for termination or cancellation of your access to, or use of, the Service.
2. Restrictions and Use of Content
The Service is intended solely for users who are thirteen (13) years of age or older. Children between the ages of 13 and 18 are strongly recommended to receive parental permission before using the Service. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
Unless otherwise stated, you are granted a non-transferable limited right to access, use, and display the Service and material provided therein for your own personal, noncommercial use, provided that you comply fully with the provisions of these Terms and Conditions. You acknowledge that the Service contains software, information, photos, videos, suggestions, recommendations and other materials (collectively, the “Content”) that are protected by copyrights, trademarks and other proprietary rights, and that these are valid and protected in all forms. You may not modify, copy, reproduce, distribute, publish, post, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any part of the Content. You do not obtain any ownership interest in the Content when you purchase and/or download it. Modification of the Content or use of the Content for any other purpose is strictly prohibited.
All of this website’s Content and materials, including but not limited to, Be Fit By Brit, LLC products, logos, photos, videos, designs, graphics, text and files are Copyright © 2019-2020 Be Fit By Brit, LLC ALL RIGHTS RESERVED. None of the Content may be copied, modified, reproduced, republished, distributed, sold or made into derivative works by any means, including but not limited to, electronic, recording, photocopying or otherwise without prior direct written permission from the Owner.
4. Purchases and Subscriptions
The prices charged for Be Fit By Brit, LLC products and Services are listed on the website. The Owner reserves the right to change prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing is available on the Shop and Health Coaching pages.
The fee for Health Coaching subscriptions and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged on a monthly basis (as stated on the Health Coaching page) to your payment method. All other products and Services offered on the Shop page are priced as listed, without recurring payments.
You understand by using this website and any products, subscriptions or Services offered that (i) you are responsible for reading the full item listing before making a commitment to buy it, and (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
In the event that a Health Coaching subscription full payment is not received by the due date, your subscription will not continue and your access will be immediately terminated for non-payment. You will be held responsible and liable for any costs incurred for collection of any payment that you still owe to Be Fit By Brit, LLC.
Subscriptions may be cancelled at any time and you will receive a pro-rated refund for the remainder of the month of Health Coaching Services not used. Your access to additional Services and Content through your subscription will be terminated immediately following the cancellation of your subscription.
5. Return Policy
The Service, including all products and subscriptions, is not eligible for refund or return, with the exception of multiple products or subscriptions being purchased at one time unintentionally. In this case, a refund request must be submitted via email to firstname.lastname@example.org within 48 hours of purchase. To receive the refund, you must comply with the following:
(1) Email email@example.com with original receipt attached;
(2) State reason for seeking refund;
(3) Include a note confirming that you have not downloaded or printed out any of the Service’s material or Content, and you will not attempt to gain access to it in the future;
(4) You must request your refund and provide the above information within 48 hours of purchase;
If you are otherwise not satisfied with the quality of your purchase, please contact the Owner with written reason for dissatisfaction. Your satisfaction with the Service is important to the Owner and she reserves the rights to alter the Return Policy at any time.
All Terms and Conditions set forth herein, and all copyright, trademark and intellectual property rights remain indefinitely, even after a refund is provided.
7. Password and User Security
There is no cost to become a registered user of the Service. You do not have to become a registered user to use the Service. If you do not register with your email address, you may not receive certain offers, features, notifications, or resources of the Service. You must register in accordance with the Community Standards and Conduct Guidelines in order to participate in or contribute to any Community Area, including blog, personal or group pages, or any similar activity in which you can communicate with other users of the Service.
If you elect to become a registered user of the Service, you agree to provide true, accurate and complete information about yourself and to promptly update your provided information in order to keep it accurate. If you provide any information that is inaccurate or incomplete, the Owner reserves the right to suspend or terminate your user account and refuse any and all current or future use of the Service.
In order to create your user account, you will be given the authority to create your own user password using the email address you provide. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities (whether by you or by others) that occur under your password or user account.
You are not permitted to share your user account information, including your password, with anyone. You agree to log out of your account at the end of each session and to notify the Owner immediately of any unauthorized use of your password or account or any other breach of security. If you do not comply with these Terms and Conditions, the Owner reserves the right to terminate your access to the website and its Services.
8. Community Standards and Conduct Guidelines
You acknowledge that you are entirely responsible for any content or information you post on this website, including anything that is posted from your user account by someone else. You agree not to use the Service (including any Community Areas) for any of the following reasons:
(1) To upload, post, email or otherwise transmit any material or information that is harmful, threatening, abusive, unlawful, vulgar, discriminatory, hateful, or otherwise objectionable in the Owner’s sole discretion;
(2) To solicit or otherwise attempt to gain any information from a minor, or to harm minors in any way;
(3) To impersonate any person or entity, including but not limited to the Owner or any user of the Service;
(4) To upload, post, email or otherwise transmit any Content, Service, information or materials that are not your own and/or infringe upon any trademark, copyright, patent, or proprietary rights of any party;
(5) To upload, post, email or otherwise transmit any unsolicited materials or other forms of advertising;
(6) To virtually transmit any materials that may contain software viruses or any other computer code intended to interrupt or limit the functionality of the Service;
(7) To solicit personal information from, post personal information about, or otherwise harass the Owner or another user;
Your rights to use this website, its Services, and/or any Community Areas may be revoked by the Owner at any time if the Community Standards and Conduct Guidelines or any of these Terms and Conditions are not abided by.
9. Promotional Content
You agree to receive promotional materials from the Owner by email or any other contact form you provide. If you wish to discontinue receiving promotional materials or notices about the Service, please notify the Owner at any time.
10. Health Disclaimer
The health and wellness Services offered by Be Fit By Brit, LLC are not intended to treat, diagnose, cure or prevent any disease. All information is intended for general knowledge only and must not be treated as a replacement for professional medical advice, diagnosis, or treatment. Prompt medical care is highly recommended for any specific health issues and a physician should be consulted prior to purchasing or participating in any services. If you have chosen not to obtain a physician’s consent prior to beginning a wellness, fitness, nutrition and/or exercise program offered by the Owner, you certify by using this website and/or its offered Services that you are doing so solely at your own risk.
The health and wellness coaching Services offered by this website are not a substitute for counseling, psychotherapy, psychoanalysis, or mental health care and should not be used in the place of any form of therapy. You understand by using this website that you are fully responsible for your own well-being, emotions, choices and actions during and after coaching sessions.
Any wellness, exercise and/or fitness-related activities involve risks including but not limited to abnormal changes in blood pressure, fainting, heart attack, stroke, and other serious injury, disability, or death. Your participation is a voluntary activity in all respects and you assume all risk of injury including death, illness, or damages that may result from participation in such activities. Your participation is in no way mandated by Be Fit By Brit, LLC and by using this website and its Services, you hereby release Be Fit By Brit, LLC from any claims, demands, and causes of action as a result of your voluntary participation and enrollment.
You are not guaranteed to attain any particular result by using the Service and information provided, and you accept and understand that results differ for each individual.
11. Warranty Disclaimer
ALL SERVICES OFFERED BY THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OWNER DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE OWNER DOES NOT WARRANT THAT THE SERVICE OR ITS FUNCTIONS ARE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify and hold Be Fit By Brit, LLC harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with, your use of the website or any of the Services offered on the website.
13. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Be Fit By Brit, LLC be liable for any for any direct, indirect or consequential loss or damage incurred in connection with the Service, including by your use or inability to use any information obtained by the Service, any materials posted on the website or other materials linked thereto, or in any other way through the Service, including without limitation any liability for any accidents, harm, injuries, loss, damage, death, personal or business interruptions, misapplication of information, condition or issue, mental, emotional or physical disease or harm, loss of income, revenue or business, loss of data, profits or goodwill, and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise.
To the maximum extent permitted by applicable law, Be Fit by Brit, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to or use of the Service, and (iii) any unauthorized access to or use of the website’s secure servers and/or any and all personal information stored therein.
14. Dispute Resolution
These Terms and Conditions, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Service, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Santa Rosa County, Florida.