Terms and Conditions of Use/Service Agreement
Effective: October 26, 2020
FIBR, LLC (“FIBR”, “we” or “our”) is the sponsor of the website, online platform and associated services at www.fibr.fit (collectively, the “Website”) for fitness and wellness professionals to connect with one another and the larger community. FIBR provides the Website subject to these Terms and Conditions of Use (the “Terms and Conditions”) and constitute our Service Agreement with you.
FIBR reserves the right to cancel your membership should you violate any provision of these Terms and Conditions, or any other posted policy on the Website. The contents of this Website, including the text, graphics, images, and information obtained from FIBR’s third-party content providers, sponsors, suppliers, and licensors (collectively "Providers"), and any other materials are to be used for informational purposes only.
You agree that we will provide notices and messages to you in the following ways: (1) within the Website, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You also agree to keep your contact information up to date.
NOT MEDICAL ADVICE
No information provided on the Website is in no way intended as medical advice or as a substitute for medical treatment. It is recommended that this information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to open an account and register as a member and otherwise access and use the services offered on or through the Website or do so with your parents’ or guardians’ permission.
When you visit the Website or send emails to us, you consent to receive communications (including legal notices) from us electronically. We will communicate with you by the email you provided to us or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, FIBR may deliver communications (including legal notices) to you at the street address provided in your membership account.
LICENSE AND SITE ACCESS
FIBR grants you a limited license to access and make personal use of the Website and you may not download (other than page caching or downloadable forms) or modify it, or any portion of it, without the express written consent of FIBR. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of FIBR. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without our expressed written consent. You may not use any metatags or any other hidden text utilizing FIBR’s name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by FIBR. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the Website so long as the link does not portray FIBR, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any FIBR logos or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you register and open a membership account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Memberships are non-transferable. You agree to:
maintain all equipment necessary for your access to and use of the Website;
be responsible for all activity under your account, including unauthorized use prior to your notifying FIBR of such unauthorized use and taking the legal steps to prevent its further occurrence by contacting us to change your password, for example; and
Monthly Memberships - Please submit cancellation requests by going to the “My Account" section of the Website and select “Cancel My Account”. All cancellation requests must be submitted at least 24 hours prior to your next billing cycle in order to avoid being charged for that billing cycle. You will receive cancellation confirmation by email, if you do not receive this message, please contact us as provided below to ensure your account has been cancelled. We will not issue a full or partial refund.
Annual Memberships - All annual memberships are non-refundable.
Courses and Products - All courses and products are non-refundable.
Box Office Events -- Cancellation policies vary by event organizers. You may request a cancellation of a registration for an event up to 14 days prior to attendance by emailing us at email@example.com. Refund amounts are issued at the discretion of the event organizer. No refund is possible within 14 days of the event.
PROVISIONING OF OUR SERVICES
We may change, suspend or discontinue the Website and any associated services at any time for any reason. Stated costs for membership and any offered products or services on the Website may change upon reasonable notice to the extent allowed under the law. We have no obligation
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, "User") expressly agree that use of the Website is at User's sole risk. Neither FIBR, nor its employees or Service Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. FIBR does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
THE WEBSITE AND INCOFMATION IT CONTAINS ARE PROVIDED BY FIBR ON AN "AS IS" AND "AS AVAILABLE" BASIS. FIBR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR INDIVIDUALS INCLUDED OR LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FIBR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL FIBR OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE OR THE USE OF THE INFORMATION OR THE RESULTS OF THE USE OF THE INFORMATION PROVIDED ON THE WEBSITE, EVEN IF FIBR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FIBR's LIABILITY EXCEED THE PRICE YOU PAID FOR A PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FIBR, PROVIDERS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall FIBR or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website's records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those states that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
The Website includes information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively "Content"). Regarding the Content supplied by Users or parties other than FIBR, FIBR is a distributor and not a publisher. FIBR has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by FIBR are those of the respective authors or distributors and not of FIBR. Neither FIBR nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with FIBR. FIBR neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized FIBR employees or representatives. Under no circumstances shall FIBR be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
User agrees to use the Website only for lawful purposes and according to the following requirements:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and keep it updated;
Use your real name on your profile and communications; and
Act at all times in a professional manner.
User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If FIBR is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, FIBR may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. FIBR also reserves the right to terminate anyone’s membership if they violate these rules for online conduct.
FIBR reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of FIBR or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither FIBR nor its Service Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither FIBR, nor Service Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
FIBR may disclose any content or electronic communication of any kind:
to satisfy any law, regulation, or government request;
if such disclosure is necessary or appropriate to operate the Website; or
to protect the rights or property of FIBR, its Users or Providers.
Be advised that we generally do not review content provided by our members or others. You agree that we are not responsible for others’ (including other members’) content or information. We cannot always prevent this misuse of the Website, and you agree that we are not responsible for any such misuse.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the Internet. FIBR has no control over these third-party sites or the content within them. FIBR cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. FIBR does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. FIBR does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party's privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against FIBR for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
Copyright © FIBR, LLC. All materials and contents contained on the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website themselves, are copyrighted materials belonging exclusively to FIBR or its content suppliers and are protected by United States and international copyright law. We enforce our copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate, including the remedies provided for under sections 501 et seq. of Title 17 of the U.S. Code. All rights are reserved.
If you have evidence, know, or have a good faith belief that content residing on or accessible through our Website infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by email or regular mail to FIBRs designated Copyright Agent to receive notifications of claimed infringement by one of the following means:
32107 Lindero Canyon Road, Suite 233,
Westlake Village, CA 91361 USA
Attn: Copyright Agent
In any such notice, please include sufficient information to address the items specified below:
Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Invisible Narratives to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
Include details of your claim to the material, or your relationship to the material’s copyright holder.
Provide your full name, address, and telephone number should we need to clarify your claim.
Provide a working email address where we can contact you to confirm your claim.
If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
Sign the document, physically or electronically.
All FIBR trademarks and the related logos and other marks indicated on our Website are the exclusive property and trademarks of FIBR, LLC. FIBR reserves all rights, including all rights applicable under the U.S. and international trademark laws, including, without limitation Section 1125 of Title 15 of the U.S. Code (Lanham Act Sec. 43). All other trademarks not owned by FIBR that appear on this Website is the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FIBR.
You agree to defend, indemnify, and hold FIBR and Providers harmless from and against any third-party claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website is created and controlled by FIBR in the State of California. The laws of the State of California will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to its Website and these Terms and Conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction to state or federal courts of the State of California for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the California courts and agrees not to plead or claim in any California court that such litigation brought therein has been brought in an inconvenient forum.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. FIBR reserves the right to make changes to the Website, these policies, and these Terms and Conditions at any time, effective immediately upon the posting on the Website. Please check these Terms and Conditions periodically. In addition, these Terms and Conditions may be modified only by our posting of changes to these Terms and Conditions on the Website, or by signed, written agreement of both parties. Each time you access the Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
These Terms and Conditions are the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions in our sole discretion. These Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions, or to exercise any right under the Terms and Conditions, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
PRODUCT AND/OR SERVICE FEEDBACK
FIBR welcomes your feedback regarding the Website. If you want to send us your feedback, and we hope you do, we simply request that you send us an email at firstname.lastname@example.org. Please provide only specific feedback on FIBR’s existing products or marketing strategies; do not include any ideas that FIBR’s policy will not permit it to accept or consider. Any feedback you provide at this site shall be deemed to be non-confidential. FIBR shall be free to use such information on an unrestricted basis.
Questions about this Policy
If you have any questions about this Terms and Conditions or other questions about us, please email us at: email@example.com or write to us at:
32107 Lindero Canyon Road, Suite 233,
Westlake Village, CA 91361 USA
You can also phone us at 1 877-958-1776.