Last Modified May 24, 2018
3. GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of Canada and the Province of Nova Scotia, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the provincial or federal courts in Halifax, Nova Scotia in all disputes arising out of or related to the use of the site.
4. AGE. You certify that YOU ARE AT LEAST NINETEEN (19) YEARS OLD or of the Age of Majority in the jurisdiction that you are domiciled in, whichever is older. You agree to provide the Company with accurate, complete, and current Account information. Failure to do this shall constitute a breach of these Terms and will result in immediate termination of your Account and subject you to civil and possible criminal liability. Unless you have prior written authorization from the Company, you may not register for additional Accounts after such termination
5. USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
6. USER CONTENT. You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
9. COPYRIGHT & TRADEMARKS. All the content on this Site that was created, developed, designed or generated by Company (e.g. texts, illustrations, images, codes, trademarks and URLs), as well as the selection, composition and arrangement of such content, are protected by worldwide copyright and either belong to or are licenced to Fit Kid Rich Kid Media. All rights reserved. You are strictly prohibited from using the components of the Site, in whole or in part, without Company’s prior written authorization. No licence or right of use is granted to you or may be inferred from your use of this Site. More specifically, unless you obtain Company’s written authorization or you are expressly permitted to do so by the Site’s functionalities, you are prohibited from modifying, copying, distributing, transmitting, broadcasting, reproducing, compiling, arranging or saving Company’s content, or from transferring such content to anyone in any manner whatsoever, including by reproducing or transmitting an excerpt of the content (whether or not accompanied by a hyperlink). You are also prohibited from selling or profiting in any manner from any content, information, software, product or service you might obtain from the Site, and from creating works derived from such content.
11. COPYRIGHT & LEGAL COMPLAINTS. The Company respects the intellectual property and legal rights of others. If you believe that intellectual property or other legal rights have been violated, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the rightsholder; (ii) a description of the alleged rights violation; (iii) a description of where the alleged violating material is located on the Website; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the rightsholder, or the law; (vi) a statement by you that the above information in your notice is accurate and that you are the actual rightsholder or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of rights violation can be emailed to [email protected]. We will process your complaint pursuant to the Copyright Act of Canada.
12. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. MEMBERS OF THE MEDIA. As a User, you certify that you are not a member of the media, or that if you are, you are participating on this Website solely for your personal enjoyment and not as part of any investigation or gathering of information for dissemination of information to the public as news and that you will not use any such information in any manner without the express written permission of the Company. You agree that everything that you observe on the Website will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other User whatsoever.
14. DISCLAIMERS. This site may contain the opinions and views of other users. Given the interactive nature of this site, Company cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by our users.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed tested or certified by Facebook.
The site content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to legal, financial, professional, nutrition, personal training or medical matters and may not be used for such purposes. The content on this site is not provided by lawyers, accountants, doctors, pyschologists, nutritionists, or certified fitness trainers. Any legal, financial, professional, nutrition, personal training, medical, or wellness advice that we give is our own opinion based on our own experiences. You should always seek the advice of a professional before acting on something published or recommended on this site. You should not act or refrain from acting on the basis of any content included in, or accessible through, the site without seeking the appropriate medical or other professional advice on the particular facts and circumstances at issue from a doctor or other trained health care professional licensed in the recipient’s state, country or other appropriate licensing jurisdiction. Be sure to always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical or wellness condition. Users of this site are advised to do their own due diligence when it comes to making decisions and all information, products, services that have been provided should be independently verified by your own qualified professionals. Reliance on any information appearing on this site is strictly at your own risk. By using this site you agree that neither Company, our affiliates nor any of the officers, directors, owners, employees, agents, representatives and assigns of each will be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.
15. AFFILIATE DISCLAIMER. Company earns affiliate commissions on certain products featured on this site if you purchase them. This is not why these products have been chosen to be featured on the site. Company only promote those products or services that we have investigated and truly feel deliver value to you. While Company do not receive compensation for all products that are featured on this site, you should assume that any links leading you to products or services are affiliate links that Company will receive compensation from just to be safe. Unless otherwise noted, Company have not been given any free products, services or anything else by these companies in exchange for mentioning them on the site. The only consideration is in the form of affiliate commissions.
16. EARNINGS DISCLAIMER. When addressing financial matters on any of our sites, videos, podcasts, webinars (including replays), newsletters, email exchanges, coaching calls, social media, live hangouts, in-person events, or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “get rich scheme.” Nothing on our Sites is a promise or guarantee of earnings. Your level of success in attaining similar results is dependent upon a number of factors including your skill, knowledge, ability, dedication, business savvy, network,and financial situation, to name a few. Because these factors differ according to individuals, we cannot and DO NOT guarantee your success, income level, or ability to earn revenue. You alone are responsible for your actions and results in life and business.
Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
YOU FULLY AGREE AND UNDERSTAND THAT COMPANY IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.
17. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY OR IT’S OWNER(S) BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
19. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
20. NETWORK SECURITY & EFFICIENCY. Company does not guarantee the total efficiency or security of the Site. Despite Company’s security efforts, it is possible that a hacker might succeed in penetrating the server. It is therefore important to bear in mind, BEFORE YOU REGISTER OR USE YOUR ACCOUNT (IF APPLICABLE) and BEFORE BROWSING THE SITE that it is possible that ill-intentioned individuals will access the Site’s servers and use certain information for their own purposes. IN NO EVENT may Company or any of its owners, directors, officers, employees or agents be held liable for the acts of computer hacking or any damage or loss that this might cause you. The Site may undergo occasional outages or certain programming errors caused by updates or certain events beyond TVA’s control. Neither Company nor its owners, directors, officers, employees or agents may be held liable for your inability to browse, use or access the Site at any time for any reason (e.g. defective telephone line, incompatible modem, broken cable, inadequate configuration, and incorrect browser). Moreover, Company reserves the right to maintain and update the Site at all times, which may result in the temporary unavailability of the Site or its services.
23. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
24. ADDITIONAL TERMS FOR SUBSCRIBERS. This Section applies to all Subscribers and their Accounts (“Accounts”), which may also be referred to as “Subscriptions”.
FEES & PAYMENT
As consideration for any purchase you make on the Websites, you shall pay Company all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, PayPal account, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged andmade in your local currency, at the current conversion rate.
All products, programs, events and services are priced in U.S. dollars. You must provide current, complete, and accurate billing and credit card information. You must also promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password) otherwise your account and access to any course you purchase will be suspended. If you fail to provide us any of the foregoing information, you agree that you are responsible for fees accrued under your Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
You hereby authorize Company to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed. If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
RENEWALS & REFUNDS
You agree that all payments made on the Website are final unless otherwise stated, and you will not challenge or dispute the charge with your bank. You further agree that should you have any issues relating to your payment (such as duplicate billing), you will contact the Company to resolve the issue. Should a chargeback or dispute be initiated with your bank, you agree that you will be held responsible for any outstanding balance owed to us plus any chargeback fees charged by our bank, which may be as much as $60 CAD. You agree that you will pay any outstanding balance you have with the Company within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and you agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that you owe.
For courses that we offer a 14-day refund, in order to qualify for the refund you must submit proof that you did all the available work in the course and it did not work for you. In the event that you decide your course purchase was not the right decision, within 14 days of enrollment, contact our support team at [email protected] and let us know you’d like a refund by the 14th day at 11:59 EST. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 14th day, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL of the following items:
- Requirement 1: Attach screen shots of the course page showing you watched all coaching videos in their entirety
- Requirement 2: Complete and attach all completed course homework
- Requirement 3: Tell us why this course was not a good fit for you. What did you expect that you did not get once inside the program?
We will NOT provide course refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 60 days, with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
All refunds are discretionary as determined by Fit Kid Rich Kid Media. To further clarify, we will not provide refunds after the 30th day from your date of purchase and all payments must be made on a timely basis. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
AUTOMATIC SUBSCRIPTION RENEWALS
In order to provide continuous service, the Company provides the option for automatic renewal. We we will automatically renew all paid Subscriptions on the date such Subscriptions expire. After your initial Subscription commitment period, and again after any subsequent Subscription period, your Subscription will automatically continue for an additional equivalent period. You acknowledge that your Account will be subject to these automatic renewals. If you do not wish your Account to renew automatically, or if you want to change or terminate your Subscription, please log in to your account on the Website and follow the directions contained therein. If you need assistance you can email [email protected].
If you choose to purchase a Subscription package on the Website, you agree that absolutely no refunds, either full or partial, will be issued for any reasons or for any unused or remaining Subscription. Further, you agree that no refunds will be made on any remaining or unused Subscription or credits.
Subscriptions purchased are strictly non-transferable. The Company reserves the right to offer free Subscriptions to any person(s) of its choice at any given time, for any duration, while charging other Subscribers, at the same time. We also reserve the right to cancel the free trial period at any time, for all or any of its Subscribers.
Upon registering as a Subscriber, you will choose a display name and password. You may not select or use a display name of another person (unless it is also your name), a name in violation of a third party’s property rights, or a display name that the Company deems offensive or otherwise inappropriate. The Company owns all display names and licenses them to you. We reserve the right to delete or alter any display name at any time. You are entirely liable for all activities conducted through your Account. A Subscriber may not permit another individual to use the Subscriber’s Account without direct supervision by the Subscriber.
Subscribers who have had their Account terminated may not access the Website without the Company’s prior express written permission. Subscribers may not allow a former Subscriber whose Account has been terminated to use their Account. Your bank or financial institution may impose fees for currency exchange and for international transactions. You are responsible for all such costs. The Company may apply additional taxes as required by law in all regions. For billing inquiries, or to request a detailed statement of your usage, contact us at [email protected]ewclear.com.
THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ANY ONLINE AREAS, CONTENT, PREMIUM SUBSCRIPTIONS, OR SERVICES PROVIDED BY THE COMPANY OR ITS AFFILIATES. THE COMPANY MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH POP-UPS, EMAIL, MEMBER INBOX ON SITE, THROUGH THE MAIL TO THE ACCOUNT HOLDER, OR BY ANY OTHER MEANS DEEMED REASONABLE BY THE COMPANY.
If any such change is unacceptable to you, you may terminate your Account as provided below. Your continued use of the Website following the effective date shall constitute your acceptance of such change.
The Company encourages all Subscribers to use any of our products, information and knowledge that Subscribers receive through their use of the Website (the “Products”) to sell third-party products online. While the Company wishes financial success upon all of our Subscribers, to protect our own business, we specifically prohibit the resale of any of our Products or the sale of any products created by Subscriber that are based on, derived from or substantially similar to any of the Products (the “Resale Policy”). The Subscriber agrees to abide by the Resale Policy and agrees that the Company shall have the right to pursue any available legal remedy against the Subscriber upon a breach by Subscriber of the Resale Policy.
The Company respects your privacy and insists that you respect the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise.
You agree not to use such confidential information in any manner other than in discussion with other Participants during Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore you will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with you including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Further, by purchasing a product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
CANCELLATION & TERMINATION
Subscribers may cancel their Account at any time by sending written consent to us with your account username to [email protected]. This is your sole right if you are dissatisfied with the Website in any way. When you delete your Account or when your Account is suspended for violating these Terms, you agree that any remaining or unused Subscription fees and credits will be forfeited and no refunds will be issued for any remaining or unused Subscription fees and credits. Further, if your deleted Account is reinstated at a later date, you agree that any remaining or unused Subscription fees and credits you have remaining at the time of your Account deletion will not be reinstated with your Account.
Furthermore, the Company reserves the right to terminate any Accounts arbitrarily. We also reserve the right to deny service for Accounts and users deemed as fraudulent or otherwise high risk Accounts. Processing is at our discretion for refunds for claims of fraud and/or disputes via email, web chat with support, phone calls to our processor and/or requests from issuing banks, banks offering direct debit, card holders, and credit card issuers. We also report at our discretion and cooperate with law enforcement in any claims of fraud or other illegal activity.
25. AMENDMENTS. Company reserves the right to amend these Terms. Should Company seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall:
(a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.