Thebeckyfox.com and Becky Fox Fitness, Inc
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Terms & Conditions
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Please read these Terms & Conditions carefully and in their entirety before using www.thebeckyfox.com (hereinafter referred to as the “Site”). The Site and its content are owned by Becky Fox Fitness, Inc.
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PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.
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IMPORTANT NOTES
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By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at support@thebeckyfox.com.
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You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
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These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No.18 and voluntarily waive your right to a jury trial.
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By proceeding on the Site, you hereby agree to the following:
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1. Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Becky Fox Fitness, Inc, and our website, www.thebeckyfox.com.
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“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Becky Fox, Becky Fox Fitness, Inc, and/or www.thebeckyfox.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Becky Fox Fitness, Inc and/or on www.thebeckyfox.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.
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“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.
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“Site, Courses, Services, and/or Products” means www.thebeckyfox.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.
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“Site” means www.thebeckyfox.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
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“You” or “Your” means the user, customer, or viewer of the Site.
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2. Consent:
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.
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By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions, Privacy Policy, and Disclaimer.
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3. Site Rules:
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By using the Site and/or making any Purchase, you hereby agree & consent not to:
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Abuse or harass any person through or on the Site.
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Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
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Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.
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Post or transmit any “spam” or unwanted, unsolicited content.
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Post copyrighted materials, photographs, or content which do not belong to you.
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Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
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Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
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4. Disclaimer:
By using the Site, you understand that we are a Personal Trainer, Health Coach, and Life Coach. We are not a dietician, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, food intake, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
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5. Your Consent to These Terms & Conditions:
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By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
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6. Changes To These Terms & Conditions:
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We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
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7. Links to Third-Party or External Websites:
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The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
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8. Intellectual Property Ownership:
The Site and its Content are intellectual property solely owned by Becky Fox Fitness, Inc. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any course materials, videos, and content are not to be shared with others outside the program, posted online, or used in your own practice. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
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9. Our Limited License to You:
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If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
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You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
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10. Your License to Us:
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By commenting on the Site, or submitting documents to Becky Fox Fitness, Inc via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
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11. Purchase & Access Terms:
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During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
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12. Sharing the Site & Its Content:
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You must request and receive written permission by emailing support@thebeckyfox.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Becky Fox Fitness, Inc.
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13. No Claims Made Regarding Results:
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Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
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14. DISCLAIMER – No Warranties, Guarantees, or Representations Are Being Made:
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We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
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15. Your Release of Us:
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By using the Site or Purchasing, Downloading, or using Becky Fox Fitness, Inc’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Becky Fox Fitness, Inc, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
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16. Errors & Omissions:
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Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Becky Fox Fitness, Inc does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
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17. Program and Product Formats
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Our coaching programs and digital products utilize an online virtual-only format. This includes using technology such as community Facebook Groups, live Zoom for coaching sessions, Adobe PDF reader, and our Kajabi online learning platform that requires logging in with an email and password as well as navigation similar to using an online website. It’s expected you are comfortable using and willing to participate in these virtual formats to participate in our coaching programs, live challenges, and access our digital products and courses.
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18. Participant Expectations
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It’s important to us to maintain a positive and growth-oriented community. With that in mind, we expect all participants in our programs and live events to:
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Commit to the program by completing the lessons, showing up to calls or catching the replays, reply to check-ins, and giving it your best.
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Communicate any challenges, issues, or questions as they may arise.
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Maintain an uplifting and solution-focused attitude on coaching calls or inside the community groups. We are here to lift each other up and putting others down will not be tolerated.
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Be open to coaching and feedback.
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19. Our Refund Policy:
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We will do everything within our ability (and within reason) to ensure your satisfaction.
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1-1 Private Coaching
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We are committed to your success and will do everything we can to guide you in following through and creating successful change. We get and expect that life will throw you challenges and at times you may even feel like giving up on yourself. That’s natural and normal. We strongly believe these are NOT reasons to give up, cancel or refund your program. Rather those challenges are exactly WHY coaching is needed and so important. Our commitment to you is to guide you through these life challenges and speed bumps together so you can move toward success without continuing to repeat old cycles that keep you stuck. In return, we ask that you commit to yourself and the reason you joined this program by showing up to the program and asking for help as needed as well as following through on agreed upon commitment whether financial or duration.
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Choosing not to participate or complete the program does not exempt you from making future payments on your payment plan. You are expected to complete all payments as outlined when joining. Defaulting or canceling payments does not excuse you from completing your payments, and you will be taken out of the course and any accompanying community groups until you have completed payments on your program.
***By selecting the payment plan you are agreeing to complete all payments in full and understand this is not a membership subscription that you can cancel at any time.***
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Digital Products And Workout Programs
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For digital products such as the Metabolism Boosting Meals Cookbook and Meal Plan, Ditch Diets Course, BFF Strong, or Workout Challenges you can request a refund if you implement the program or product and are not satisfied within 7 days of purchase or the start of the program for a full refund. You will be asked to share the reason you are unsatisfied and progress in the course/product will be checked. However, please understand that you will also be taken out of the access portal and any accompanying community groups should you decide it’s not for you. No refunds will be granted after 7 days.
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This also includes payments in the payment plan option. If you default on your second payment, you will be taken out of the membership portal and community groups immediately and your initial payment will not be refunded.
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If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Becky at support@thebeckyfox.com.
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20. Cancellation of Recurring Charges
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If you purchase a membership program that has a recurring monthly or yearly charge, your payment will automatically be renewed each month or year based on the date of your first payment. You may cancel at anytime with a 3 business days notice prior to your next billing cycle by emailing support@thebeckyfox.com. Please note you will lose access to all the membership content & community at the end of your billing cycle. This DOES NOT apply to coaching programs, challenges or digital products with payment plan options. Please see #19. Our Refund Policy for more details on programs with payment plans and our refund policy.
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21. ARBITRATION CLAUSE:
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If you have any complaint or should any issue arise in the use of the Site or Becky Fox Fitness, Inc’s Courses, Services, and/or Products, please contact us directly first by emailing Becky at support@thebeckyfox.com.
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Becky Fox Fitness, Inc shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
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By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 90 miles of Tampa, Florida.
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If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Florida. The only award that can be issued to you is a refund of any payment made to Becky Fox Fitness, Inc for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
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22. Consent to Governing Law:
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These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Florida.
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23. Consent to Jurisdiction:
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You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Florida or a state court located within the State of Florida in connection with any matter arising out of these Terms & Conditions, Privacy Policy, and Disclaimer or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
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24. Consent to Service:
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You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Florida for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Florida.
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25. Payment & Purchases:
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When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by credit card, debit card, Google Pay, or Apple Pay. By doing so, you give Becky Fox Fitness, Inc permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.
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If you elect the installment or “pay over time” option at checkout, you agree that Becky Fox Fitness, Inc has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.
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If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase.
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We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.
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Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.
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You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.
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26. Limitation of Liability:
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Becky Fox Fitness, Inc is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
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27. Defense & Indemnification
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You shall, at all times, indemnify, defend, and hold harmless Becky Fox Fitness, Inc, Becky Fox, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Becky Fox Fitness, Inc and Becky Fox (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.
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28. Termination of Your Use
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At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
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29. Entire Agreement
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These Terms & Conditions Privacy Policy, and Disclaimer constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
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30. Severability
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The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
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31. Your Privacy & Security on the Site:
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Please read our Privacy Policy for how we handle your personal information.
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32. Contact
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If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:
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Email: Becky at support@thebeckyfox.com
Business Address: 4520 W Oakeller Ave, #13071, Tampa, FL 33681, United State
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Updated on March 2, 2024