© 2016 BE FIERCE HEALTH & EMILY BOESE.

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befiercehealth.com   befiercehealth@gmail.com 250.870.8872

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Terms & Conditions

Learn about the Ts & Cs and your Privacy, because we care about your legal right.s

Terms & Conditions

These Terms and Conditions of Purchase (these “Terms and Conditions”) constitute a legally binding contract between Be Fierce Health. (“Be Fierce,” “we,” or “us”) and you regarding your purchase of digital products (the “Products” or "Program(s)") described in attached order (the “Order”). The applicable Order shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms of Use”) and privacy policy (“Privacy Policy”). 

1. PRICES AND PAYMENT TERMS

The prices for the Products shall be as stated on the Order. Payment shall be made prior to receiving any Products or Programs, in accordance with Section 3 of the Terms of Use.

Upon purchase, you will receive a welcome email and begin receiving the digital products for each Program you purchased in the Order. For example, if you purchase only one Product, you will receive only one copy of the Program, and only one person may access and use the Product.

2.  MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

3. INTELLECTUAL PROPERTY

You agree that the Products contain proprietary information and materials, such as videos, recipes, recipe books, meal plans, shopping lists, photographs, software, text, graphics, images, and sound recordings (collectively, “Product Content”) that are owned by Be Fierce Health and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing, and Be Fierce Health will prosecute such misconduct to the fullest extent permitted by law.

Be Fierce Health provides you with the Products solely for your personal, noncommercial use, and you agree that you will not use any of the Product Content in any way whatsoever except for use in compliance with this Agreement. Unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, translate, sell, create derivative works of, exploit, or distribute in any manner or medium (including by email or other electronic means) any Product Content. You may, however, from time to time, download and/or print one copy of individual pages of the Product Content for your personal, noncommercial use, provided that you keep intact all copyright and other proprietary notices.

THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF BE FIERCE HEALTH AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

4. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

When addressing health matters in any of our products, websites, videos, newsletters, programs, or other content, we’ve taken reasonable effort to ensure that we accurately represent our programs and their ability to help you improve your health.  However, Be Fierce Health does not guarantee that you will get any results or lose any weight using any of our products, tools, ideas, strategies, or recommendations, and nothing on our website or in our products is a promise or guarantee to you of your health and wellbeing.

You also understand that any testimonials or endorsements by our customers or audience represented in our products, programs, websites, content, etc, have not been scientifically evaluated by us and results experienced by individuals may vary significantly. We offer no professional, legal, medical, psychological, or financial advice.

In no case shall Be Fierce Health, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5. ADDITIONAL TERMS

a – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

b – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

c – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


d -  Indemnification

You agree to indemnify, defend and hold harmless Be Fierce Health and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

e – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

f - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

6. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

7. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1669 Ross Road, West Kelowna, BC, V1Z1L7, Canada.

8. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

9. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at befiercehealth@gmail.com.

Privacy Policy

LAST UPDATE OF THIS PRIVACY POLICY – SEPTEMBER 2017

BEFORE USING OUR SITES, PLEASE READ THIS PRIVACY POLICY CAREFULLY.

This Privacy Policy is applicable to Be Fierce Health (“Be Fierce"; “We”) and sets out our policy on the gathering and use of information on this site and our other sites (collectively "Sites"). The Company is committed to providing safe web sites for visitors of all ages and has implemented this Privacy Policy to demonstrate our firm commitment to your privacy. The Company complies with Canadian Federal and Provincial privacy laws and regulations including the Personal Information and Electronic Documents Act.

There may be links from our Sites to other web sites; note that this Privacy Policy applies only to our Sites and not to web sites of other companies or organizations to which our Sites may be linked. You must check on any linked sites for the privacy policy that applies to that site and/or make any necessary inquiries in respect of that privacy policy with the operator of the linked site. These links to third party websites are provided as a convenience and are for informational purposes only. The Company does not endorse, and is not responsible for, these linked websites.

Although you are not required to register to access our Sites, you may be asked to provide us with personal information when you visit certain sections of our Sites. Your use of our Sites signifies your acknowledgement and consent to our Privacy Policy. If you do not agree to this Privacy Policy, please do not continue to use our Sites. Your continued use of the Sites signifies your acceptance of these terms and any changes in effect at the time of use.

COLLECTION OF PERSONAL INFORMATION

Personal Information is information about you that identifies you as an individual, for example, your name, address, e-mail address, or telephone number.

We collect information that you voluntarily provide to us through responses to surveys, search functions, questionnaires, feedback, Tell Your Story forms and the like. On some of our Sites, we offer health assessment tools that ask you to provide self-assessment information. We may also ask you to provide additional information such as your e-mail address if you want to obtain additional services, information, participate in a contest or to resolve complaints or concerns.

HOW DOES BE FIERCE HEALTH USE INFORMATION GATHERED ABOUT ONLINE VISITORS?

Before forwarding us any personal information, please be advised that any information gathered on our Sites may be used in the aggregate for research and development relating to our Sites and/or for future site development and, if you ask us to, to send you promotional materials. In particular, we may use information gathered about you for the following purposes: to monitor interest in our range of products and to assist us to tailor the content of our Sites to your needs by collecting information about your preferences through tracking of patterns page views on our Sites; to create a profile relating to you in order to show you the content that might be of interest to you and to display the content according to your preferences; and, in circumstances where you have indicated that you wish to receive additional information, to send you information about us and promotional material about our products together with details of any offers we may have available from time to time.

PROMOTIONAL AND INFORMATIONAL OFFERS

With the permission of an online visitor, information submitted at the time of registration or submission may be used for marketing and promotional purposes by the Company provided notice of this fact is made available online. If a visitor objects to such use for any reason, he/she may prevent that use, either by e-mail request or by modifying the registration information provided. The Company uses reasonable efforts to maintain visitors' information in a secure environment. If you have submitted personal information and want to change it or opt-out, please contact us as described below.

DISCLOSURE OF INFORMATION

The Company will not disclose personal information that you provide on its Sites to any third parties other than to a Company agent except: i) in accordance with the terms of this Privacy Policy, or ii) to comply with legal requirements such as a law, regulation, warrant, subpoena or court order, and/or iii) if you are reporting an adverse event/side effect, in which case the Company may be required to disclose such information to bodies such as, but not limited to, Canadian and/or international regulatory authorities. Please note that any of these disclosures may involve the storage or processing of personal information outside of Canada and may therefore be subject to different privacy laws than those applicable in Canada, including laws that require the disclosure of personal information to governmental authorities under circumstances that are different than those that apply in Canada.

COOKIES

The Company, in common with many web site operators, may use standard technology called "cookies" on its Sites. Cookies are small data files that are downloaded onto your computer when you visit a particular web site. You can disable cookies by turning them off in your browser; however, some areas of the Sites may not function properly if you do so.

PROTECTION OF CHILDREN ONLINE

The Company considers the protection of children's privacy, especially online, to be of the utmost importance. We do not knowingly collect or solicit personal information from children nor do we allow them to become registered users of, or to request information through, our Sites or help-seeking information lines.

ADDITIONAL TERMS FOR CERTAIN WEBSITES

The following additional information applies to our Sites that require registration. Generally, you are not required to provide personal information as a condition of using our Sites, except as may be necessary to provide you with a product or service that you have requested. However, some of our Sites are restricted to certain individuals such as health care professionals or our prescription drug patients and we may require these individuals to register upon entry by providing us with certain information.

PROTECTION OF INFORMATION:

Our Commitment to Security

We have put in place physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online. The Company applies security safeguards appropriate to the sensitivity of the information, such as retaining information in secure facilities and making personal information accessible only to authorized employees on a need-to-know basis.

Storage of Information:

Personal information you share with us is stored on our database servers at Company data centers (in whatever country they may be located), or hosted by third parties who have entered into agreements with us that require them to observe our Privacy Policy.

POLICY CHANGE:

If we alter our Privacy Policy, any changes will be posted on this page of our Site so that you are always informed of the information we collect about you, how we use it and the circumstances under which we may disclose it.

ACCEPTANCE OF OUR PRIVACY POLICY:

By using this Site or any other The Company Site or interactive banner ads, you signify your acceptance of our Privacy Policy, and you adhere to the terms and conditions posted on the Site. By submitting your information, you agree that it will be governed by our Privacy Policy.