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Termini e Condizioni 

Termini e condizioni

These Terms of Use constitute a legally binding agreement made by and between Health in Progress LLC (HIP) and the user (you, your, User) related to this website. 

  1. You consent to these Terms of Use (the “Agreement”) by accessing, visiting, browsing, using or attempting to interact with or use any part of this Site. You agree you have read and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of this Site. HIP reserves the right, with or without notice, to make changes to this Agreement. Continued use of any part of this website constitutes you acceptance of any such changes.

  2. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Site is not intended for children under 13 and any access or use by a person under the age of 18 years of age is prohibited.

  3. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by HIP and are the property of HIP and/or its third party providers. You agree that such HIP Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, HIP hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No HIP Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by HIP. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of HIP, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of HIP.

  4. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of HIP and/or a supplier to HIP. No such materials may be used except as provided in these Terms of Use. 

  5. All trade names, trademarks, and images and biographical information of people used in HIP Content and contained in the Site, are either the property of, or used with permission by, HIP. The use of Content by you is strictly prohibited unless specifically permitted by this Agreement. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of HIP and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of HIP or third party owner. HIP respects the copyright, trademark and all other intellectual property rights of others. HIP has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify HIP at its email contact address below. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

  6. When you register with HIP and/or this Site, you expressly consent to receive any notices, announcements, offers, agreements, disclosures, reports, documents, communications concerning new products, programs, services, or other records or correspondence from HIP. You consent to receive notices electronically by way of transmitting the notice to you by email.

  7. If you send comments or suggestions about the Site to HIP, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of HIP. No submission shall be subject to any obligation of confidence on the part of HIP. HIP shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

  8. HIP shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

  9. HIP will not intentionally disclose any personally identifying information about you to third parties, except where HIP, in good faith, believes such disclosure is necessary to comply with the law or enforce this Agreement. By using the Site, you signify your acceptance of HIP’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

  10. For any and all paid programs including, but not limited to coaching, SoulCircle, Lymphatic Reset and all other programs offered including events and retreats, the following terms apply:

 

  1. You authorize HIP to debit your payment account provided at sign up, which includes the billing information and payment information, and to remit funds on your behalf to HIP. 

  2. You agree to provide accurate information for your payment account, that you have the right and authorization to use the payment account and own the payment account, and that you will update HIP with any changes in the payment account. For cancellations and any questions, please email FRM at: info@fullyraw.com

  3. B Well Health Club membership: your B Well Health Club membership will continue year to year unless you provide 30 days written notice to HIP of your intention to not renew. HIP will continue to bill your payment account until you cancel. There are no refunds in the event of cancellation during a month in which you have paid or during the time period in which you provide the required 30 day notice to cancel.  No refunds will be given for prior payments made.  Upon cancelling your membership, you will forfeit your access to the course including all recorded training, materials, and the mastermind area. If you are requesting a cancellation of your membership, please contact us by emailing info@fhealthinprogress.us with the words “CANCEL MEMBERSHIP” in the subject line. Payments for the FB Well Health Club are NON REFUNDABLE and all sales are final. 

  4. All sales of any guided group or individual coaching are final and there are no refunds. However it is possible to pause a membership or a coaching package and hold the credits to continue services at a later date

  5. All products on the website are NON REFUNDABLE once received and all sales are final.

  6. B Well Recipe Books purchases are  NON REFUNDABLE and all sales are final. 

  7. HIP reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.

  8. NEITHER HIP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. HIP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. FRM DOES NOT INTEND TO PROVIDE ANY HEALTH OR MEDICAL ADVICE. THE WEBSITE AND ITS INFORMATION OR CONTENT ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE WEBSITE AND THE INFORMATION OR CONTENT SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALL HEALTH OR MEDICAL DECISIONS, INCLUDING THOSE RELATED TO DIET, NUTRITION, AND EXERCISE, SHOULD BE MADE ONLY AFTER CONSULTING YOUR OWN DOCTOR AND SOLELY IN ACCORDANCE WITH YOUR DOCTOR’S ADVICE. HIP DISCLAIMS ANY LIABILITY FOR ADVERSE REACTIONS, EFFECTS, OR CONSEQUENCES, DIRECTLY OR INDIRECTLY, RESULTING FROM THE USE OF THE WEBSITE AND ITS INFORMATION OR CONTENT. YOU ALONE ASSUME THE RISK RELATED TO FOOD YOU PURCHASE, PREPARE, OR CONSUME, AS THERE MAY BE AGRICULTURAL CONTAMINATION BY PATHOGENS, CHEMICALS, OR FOOD-BORNE ILLNESSES, AND OTHER RISKS RELATED TO YOUR PRE-EXISTING MEDICAL CONDITIONS, ALLERGIES, ILLNESSES, STOMACH, BLOOD, OR IMMUNE DISORDERS. FRM PROVIDES THE WEBSITE AND ITS INFORMATION OR CONTENT AS-IS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE RELATED TO ACCURACY, TRUTH, SCIENTIFIC BASIS OR RESEARCH. ALL STATEMENTS ARE OPINION AND FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.

  9. HIP SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. HIP RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER HIP IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. HIP ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD HIP DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF HIP. HIP RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR HIP’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. HIP RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER HIP IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. FRM MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT. FRM SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, REGARDLESS OF THE REASON FOR DISRUPTION. 

  10. IN NO EVENT SHALL HIP BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF HIP HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF HIP AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID IN SUBSCRIPTION FEES UP TO THE DATE OF THE CLAIM.

  11. You agree to indemnify and hold HIP and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that HIP may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. HIP reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide HIP with such cooperation as is reasonably requested by HIP.

  12. The provisions of these Terms of Use are for the benefit of HIP, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

  13. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Ventura County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. These Terms and the Privacy Policy are the entire agreement between you and HIP with respect to your use of the Website. 

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