Passion Fit, LLC, a California limited liability company (“we,” “us,” “our”) and Fuchsia Rose Media, DBA (doing business as), the publishing arm of Passion Fit, LLC, provide websites, passionfit.com, members.passionfit.com, fuchsiarosemedia.com, reenavokoun.wpengine.com and thewellnessempoweredwoman.com (the “Websites”) that provides health, wellness and fitness information and products, including an online store, books, classes, a blog, video content, social media channels, newsletters, speaking events, online courses and consulting services. Our platform, which consists of the Websites, all materials, videos, blog, social media channels and classes available on or through the Websites, online courses, consulting services, speaking events, an online store, newsletters or other material available for signup via the Websites, and related services, is referred to here as the “Services.” You (the “user” or “you”) use the Services subject to these Terms of Service (the “Terms of Service” or the “Agreement”). The Services are the property of Reena Vokoun, Passion Fit, Fuchsia Rose Media and our licensors.

By visiting our Websites or using any Services, you are agreeing to be bound by the Terms of Service. If you do not agree, do not use any of the Services. Please read this Agreement carefully before using the Services. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

Parties
This is a legal agreement between you and us for use of any of the Services. This Agreement applies to you whether you visit our Websites, or use any Services. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and us is intended or created by this Agreement.

Limited license

Subject to the terms of this Agreement, we grant to you, during the term of this Agreement, a limited license to access and use the Services. You acknowledge and agree that you will use our Services for personal, non-commercial uses only. You are welcome to link to our websites from your website or social media channels, provided that your website does not imply any endorsement by or association with Passion Fit or Fuchsia Rose Media, and provided that we may revoke this permission at any time in our sole discretion.

We retain the right to refuse any and all current or future use of the Services, for any reason at any time. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and/or refuse to provide the access to the Services to you if you breach any of these Terms of Service, we are unable to verify or authenticate any information you provide to us to create your account, or if we believe that your actions are impermissible or may create liability for us.

If you register for any password-protected areas of our Websites, you agree not to disclose or share your password with any third party or use your password for any unauthorized purpose. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.

We do not request your feedback concerning the Services. Nonetheless, if you provide us with any feedback (including through any contact information available on the Websites or public forums) concerning the Services, you also grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such feedback, in any media format and through any media channels, including incorporating such feedback on the Services.

Eligibility to use services

THE SERVICES ARE NOT AVAILABLE TO ANY PERSONS UNDER THE AGE OF 18. By using the Services, you affirm (a) that you are at least 18 years of age; (b) any information you provide to us is accurate and truthful and you will maintain the accuracy of such information; (c) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services; (d) your use of the Services does not violate any applicable law or regulation; and (e) you will maintain accurate credit or debit card information with us.

Your use of the Services indicates your explicit consent that the personal information you have provided through the Services is subject to our Privacy Policy, the terms of which are in this Agreement. Please review our Privacy Policy to fully understand our practices.

Your rights and responsibilities
You are responsible for providing accurate information to us about yourself, and to inform us if and when that information changes. We cannot be responsible for incomplete and/or inaccurate information. You are also responsible for using the Services in a responsible manner. You will neither use nor permit others to use the Services (a) for any unlawful, invasive, infringing, defamatory, fraudulent, or obscene purpose; (b) to create any virus, worm, Trojan horse, or harmful code; (c) for any illegal or unauthorized purpose; (d) to violate any federal, state, or local laws, including those to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement; or (e) to alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network.

Content

If you provide any content to the Services, including reviews, comments, materials, information on forums or message boards, images, videos, audio files or any other content (the “Content”), you grant us and our successors a worldwide, non-exclusive, royalty-free, perpetual and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of such Content. You also grant us the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

We do not guarantee any confidentiality with respect to Content, regardless of whether or not it is published. You are solely responsible for your own Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your Content including the right to authorize us to use the Content in the manner contemplated by the Services and these Terms of Service.

We neither endorse nor assume any liability for any Content. We generally do not pre-screen, monitor, or edit Content. However, we have the right at our sole discretion to remove any Content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such Content. You hereby consent to such removal and waive any claim against us arising out of such removal of any Content, whether it is your own or another user’s.

No warranty or guarantees

You acknowledge and agree that your access and use of the Services, including any online courses, videos or materials available on the Websites, and of any activities provided through the Websites, is at your own risk. If you register for online courses or consulting sessions, we make no promises as to any specific results or outcomes of your participation in such activities. WE MAKE NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, RELATING TO ANY OF THE SERVICES.

Any and all products available for purchase on or through the Websites are sold as-is, with no guarantees, and entirely at your own risk.

If you register for the online courses, consulting services or otherwise access the Services, you may be provided information regarding ways to live a healthier and happier life. Please note that we are not trained in medicine or mental health and we are not licensed to practice any form of medicine, psychology or counseling. The information you receive from us is not medical advice and should not be relied upon. You should consult with your own medical professionals regarding any aspect of the Services that may affect your physical, mental or emotional health. Your use of the Services and participation in the online courses, consulting services or any other Services indicates that you have either consulted with a medical professional or have knowingly chosen not to consult with a medical professional regarding such activities.

We may feature various health and wellness services or products on our Websites, blog, newsletter or any other communications. We take no responsibility for the products or services that we recommend or feature on our Websites, blog, newsletter or any other communications. Any product or service that you use as a result of our recommendations or features are used entirely at your own risk.

Interaction with third parties
The Services may contain links to third party websites that are not owned or controlled by us. If you are a user of our Websites, you hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. If you provide us with payment information, you are subject to the terms and conditions of our payment processor, available here: PayPal or Amazon. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, we will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold us harmless from any and all liability arising from your use of any third party website.

Ownership
All right, title, and interest in and to the Services, and all material, images and/or text available on or through the Websites (including, without limitation, text, graphics, logos, button icons, images, blog posts, audio clips and software but excluding Content), are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Passion Fit or Fuchsia Rose Media names or any of our trademarks, logos, domain names, software, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases and software, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or our third party licensors. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.

DMCA notice

We respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied, reproduced or published in a way that constitutes copyright infringement and is accessible via the Services, please notify Reena Vokoun at reena@passionfit.com. For your complaint to be valid under the DMCA, you must provide the following information in writing:

An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

Identification of the copyrighted work that you claim has been infringed;

Identification of the material that is claimed to be infringing and where it is located on the Services;

Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and

A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

This procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.

Registration and payment

By registering for any online courses or consulting services, you authorize us to charge the credit or debit card you have entered on the Websites for the price of such course or services. Failure to keep valid credit card information on file will result in your use of the Services being terminated. By using our Services, you verify that you are the authorized user of the credit or debit card and that you will not dispute the purchase payments with your credit card company, provided the transactions correspond to the terms indicated in this Agreement.

We do not generally offer any refunds. If you wish to request a refund, please contact Reena Vokoun at reena@passionfit.com. Full or partial refunds are offered at our sole discretion.

California residents
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Termination
Upon any breach by you of this Agreement, we may pursue, in our sole discretion, all of our legal remedies, including but not limited to termination of your account and your ability to access this Services. We may also in our sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services may be effected without prior notice, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and material in your account and/or bar any further access to such information or to the Services. Further, you agree that we are not liable to you or any third party for any termination of your access to the Services.

Indemnification
To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify Reena Vokoun, Passion Fit, Fuchsia Rose  Media and their employees, officers, agents, or other partners, from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including physical or monetary harm or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

General provisions

When you visit our Websites or send emails to us, you are communicating with us electronically. By providing information on our Websites, you consent to receive communications from us electronically. 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.

If any provision of this Agreement is unenforceable, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

If you are outside the United States, the laws of your country may be different from those of California and the United States in numerous respects. There is no practical way for us to monitor the laws of every country in detail. You accept sole responsibility for the legality of your actions under laws applying to you.

This Agreement will be governed by and construed in accordance with the laws of the State of California. By using the Services, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California.

This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.

This Agreement, together with our Privacy Policy available at passionfit.com/privacy-policy, constitute the entire agreement between you and us and governs your use of the Services, superseding any prior agreements or contemporaneous agreements between you and us. Please review our Privacy Policy carefully.

We reserve the right, in our sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. The latest version of this Agreement supersedes any previous versions of this Agreement. Your continued use of the Services following the posting of changes will mean that you accept and agree to the changes. If you do not agree to the new terms, please stop using the Services.

Questions about the Terms of Service should be sent to Reena Vokoun at reena@passionfit.com.

Effective Date: September 22, 2018.