The company is Fit Fab Websites (referred to in this document also as “we”, “us,” “our,” “the company,”). Fit Fab Websites is currently a sole proprietorship owned by Wendy Shoef but in process of becoming a LLC .
The following Terms are entered into by and between You and Fit Fab Websites (the “Company,” “we/us,” or “our”) and Wendy Shoef (“Wendy”, the “Coach”, “me/I”, or “mine/her”).
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We respect your privacy and must insist that you respect the privacy of fellow Program participants. You agree not to violate the publicity or privacy rights of any Program participant. We respect your confidentiality and proprietary information, ideas, plan and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same fellow rights of fellow Program participants and of the Coach and the Company.
(1) not to infringe on any Program participant’s or the Company’s copyright, patent, trademark, trade secret or other intellectual property rights,
(2) that any Confidential Information shared by Program participants or any representative of the Company is confidential and proprietary, and belongs solely and exclusively to the participant who discloses it or the Company,
(3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions. By paying for the program, you further agree that
(4) all materials and information provided to you by the Company are its confidential and proprietary intellectual property, belong solely and exclusively to the Company and may only be used by you as authorized by the Company, and
(5) the reproduction, distribution and sales of these materials by anyone but the Company is strictly prohibited. Further, you agree that, if you violate, or display any likelihood or violating, any of your agreements contained in this paragraph, the Company and/ or other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the Website and in any services. Your agreement to the Disclaimer is hereby incorporated into these Terms.
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
You are acknowledging that you are participating voluntarily in using or consuming the information on the Website, in any of our emails, programs, services, and/or products.
The Company provides educational and informational resources that are intended to help users of this Website succeed.
We present real world experiences, examples, testimonials, photos, and insights about other people’s experiences for purposes of illustration only. 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, services, and/or products. Each of these unique stories, and any and all results reported in these stories by our clients, are the culmination of numerous variables, some of which we cannot control. You recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.
Our role is to support and assist you in reaching your goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot and do not guarantee that you will attain a particular result, and you understand that results differ by each individual. As with any program or service, your results may vary, and will be based on many variables, including but not limited to, your individual capacity, life experience, starting point, expertise, and level of commitment.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
There are sometimes unknown individual risks and circumstances that can arise during use of our programs, services and/or products that can influence or reduce results. We are not responsible for your personal actions or choices before, during or after any of our programs, services and/or products. You understand that any use of any product, suggestion, or recommendation is at your own risk, with no liability on our part. You accept full responsibility for your use, or non-use, of any information provided by us through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, or your family or children (if applicable) or any other person, may incur from your or their use or non-use of the information provided. If you have any concern, please consult a licensed professional in the area of concern.
We do not assume liability for accidents, delays, injuries, loss or damage due to any act or default of any company, organization, or person engaged in rendering service or carrying out arrangements, tours, or educational sessions in any location, including but not limited to, any health food store, grocery store, yoga, martial arts or fitness studio, cooking class, private home, restaurant, company/business, or outdoor setting. If you use the information provided through our website, blog, emails, programs, services, and/or products, or any suggested products or services, we assume no responsibility.
You acknowledge that we do not guarantee your ability to achieve a specific outcome from any program, the one-on-one coaching sessions, classes (online or in person) or events. You accept and agree that you retain 100% of the responsibility for your progress and any desired outcome. Client commits to full participation in any Program or service offered and understands that nothing is guaranteed in business and that the Coach will do her best work possible, but at the end of the day, it’s up to the client to do the work.
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and customers.
The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
The Company provides various resources on this Website, which users may access by providing an email address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on another platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
By completing and submitting an electronic order form, you are making an offer to purchase products, services or entries to events which, if accepted by us, will result in a binding contract. Please note that delivery will not occur (or links to online products) until we have authorization from your payment card issuer. We will not be liable if there is a delay, and we will not accept your order if payment is not authorized.
Certain steps must be followed for a contract to be formed, as described below.
After you have placed your order:
You will receive an email to acknowledge your order. It will confirm which products you have ordered, but it may not constitute an acceptance of your order. You may be directed to a third-party site to complete your order.
We do not have to accept your order, and for example, we will not accept your order if:
Prices throughout the website are quoted in U.S. dollars, and payment can only be accepted in U. S. Dollars. Packing and delivery costs, if any, will be added to the total price of your purchase.
While we make every effort to ensure that the products shown on our website are currently available at the price shown, we cannot guarantee that this will always be the case. If products you have ordered are unavailable, you will be notified as soon as possible.
The price you pay is the price of the products shown at the time you place your order, even if the price of the product has since changed.
Your payment card will be debited for your order at the time the order is placed. By submitting an online order through the Website, you expressly agree not to request a ‘charge back’ of any fees or payments for said orders, and that no dispute will be raised with or adjudicated by the credit card company. Rather, you agree to contact the Company directly to resolve the issue or obtain a refund pursuant to the product guarantee.
Where an offer mentions that an item is reduced in price, eg: half-price, the discount will be calculated at checkout before any additional charges are applied.
Self Study / DIY products are not subject to a refund. Because of the digital nature of these products/services, all payments and payment plans are non-refundable. You should be able to determine by reading the sales page whether or not it is the right fit for where you are in your business.
Because there are no refunds, we ask that you please read this page carefully and reach out if you have any questions about what's included. Make sure it's a fit, please, before signing up.
Please see the accompanying document Website Development Terms for issues related to web design and development.
All one-on-one sessions purchased must be used during the duration of the program and are non refundable.
Please review the Website Development Terms page for more detailed information in regards to our web development process.
As the Website + Coaching package is a customized package for each person, there are no guarantees or refunds. From the first meeting, I start preparing your website. Although you may not see the website until the 4th or 5th meeting, by that point there has been a lot of work done behind the scenes. For this reason, fulfillment of the contract is required. You would want to be paid for work you do, right?
The program is designed to get a website planned, developed and launched within 8 weeks. However, many clients are unable to do each of the 8 meetings on a weekly basis. If you are unable to meet weekly, it is not a problem, but the contract will not be pushed out because of any delays by the Client.
By enrolling in a group program, you consent to being recorded on our group calls. These calls may be shared elsewhere outside of the group (to help other students by letting them listen to live coaching calls). By agreeing to these terms and conditions you consent to having your recording shared.
On-Demand, All Access, online classes, group sessions, or other passes are provided on licence only to the person that has purchased the product and cannot be shared.
The video content is not to be downloaded or recorded.
The video content is delivered via Amazon S3, Vimeo, and YouTube. These services must be available in your location to be able to view the content. We reserve the right to change video hosting platforms and will always strive to utilize organizations that maintain high security standards.
All content contained on the Website (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.
Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark”) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited. The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.
We will not be held responsible for any information loss or damages resulting from system failure due from any external or internal devices, acts of nature, or acts of God. User may not use any device that interferes with the proper working of Website. User agrees not to disclose password to a third party and understands that any and all actions taken under your password are your responsibility.
You acknowledge that you are not relying upon any warranties, promises, guarantees or representations made by anyone or us acting or claiming to act on behalf of us unless it is in writing and made a part of this Agreement. This Agreement contains the entire understanding and agreement between you and us, and no addition or modification of any terms shall be effective unless set forth in writing and signed by you and us.
No Warranties. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, SERVICES, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES; EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EQUITABLE, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold us harmless as a result of your voluntary choice to participate in this program. You will not hold us or its representatives responsible for any actions or adverse results created as a direct result of advice or recommendations given by us, our coaches, or other program participants.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
We are not responsible in any way for the information that you request or receive through or on our website, blog, e-mails, programs, services and/or products. In no event will we be liable to any party for any loss or damages, including but not limited to direct, indirect, special, incidental, equitable or consequential damages, lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information or any other loss, malady, disease or difficulty arising out of the use of or reliance on this website or blog, e-mails, programs, services, and/or products, even if we are expressly advised of the possibility of such damages or difficulties.
Any and all unresolved disputes regarding this Agreement shall be settled by binding arbitration before a single arbitrator, using the Commercial Rules of the American Arbitration Association, California. The laws of the State of California shall govern this Agreement. If it becomes necessary to enforce this Agreement through legal action, then we shall be entitled to recover reasonable attorney fees and costs incurred in such enforcement of this Agreement
You will indemnify and hold us harmless from any obligation, cost claim, judgment, attorneys’ and legal fees, and attachments in any way connected with the services rendered under the terms of this Agreement. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in California in accordance with the rules of the American Arbitration Association, and the judgment upon award may be entered in any court having jurisdiction thereof.
The Service is controlled, operated and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
My check in the box marked “terms and conditions” on any electronic order form associated with a program, ticket, course, or consultation package, or any other purchase is considered to be my electronic signature and legally binding as my agreement to the terms and conditions stated on this contract herein.