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Welcome to FittFX

We want to provide support for you every step of the way in order for you to be your best. Our unique and effective coaching helps facilitate greater awareness in building life-long habits to have you living a happier healthier life.
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Terms of Use

FittFX / Terms of Use

FittFx provides services to you on our site, https://.fittfx.com (“Website”), under these terms of use (“Terms”). Please read these Terms carefully. You understand that these Terms govern your use of the Website.

By using the Website, you signify your assent to these Terms. If you do not agree to all these Terms, do not use this Website.

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Website. Reliance on any information provided by us, our employees, others appearing on the Website at our invitation, or other visitors to the Website is solely, at your own risk.

Your privacy is important to us. All information collected from you in connection with your use of the Website is governed by our Privacy Policy, which is incorporated into these Terms.

  1. Who may use the Website

The Website is only for persons able to form legally binding contracts under applicable law.  Without limiting the foregoing, minors, meaning individuals under age 18, are not eligible to use the Website.  We do not knowingly collect personal information from or about minors through the Website, and we ask that minors not submit any personal information to us.

The material contained on the Website shall only be construed and evaluated according to United States law. This material is void outside the United States of America, and where prohibited by law or regulation. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

  1. Advertising

The Website may display banner ads or other advertising of outside products considered relevant and helpful to customers of this Website.

  1. Modifications to Terms

We may change these Terms from time to time. We will notify you of such changes by posting the amended Terms on the Website. In addition, we may notify you of material changes to these Terms in accordance with our Privacy Policy. Modified Terms will be effective upon acceptance in registration for new users and for all other users immediately after the posting of any amended terms.

If you object to any change to the Terms, your sole recourse will be to discontinue using the Website. Your continued use of the Website will indicate your assent to such changes.

  1. Modifications to the Website

We reserve the right to modify the Website or to change or discontinue any of the services offered on the Website with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Website or to change or discontinue our service offerings. If you object to any change to the Website or our services, your sole recourse will be to discontinue using the Website. Your continued use of any modified service on the Website will indicate your assent to such changes.

  1. Restricted Activities

You agree not to use the Website to:

(a) violate or encourage the violation of any local, state, national, or international law;

(b) stalk, harass, or harm another individual;

(c) collect or store personal data about other users of our Website;

(d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;

(e) interfere with or disrupt the Website, or services or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;

(f) send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined in our sole discretion.

(g) send any message that infringes or violates the rights of any third party.

(h) distribute viruses or other harmful computer code.

In addition, without our written consent, you may not:

(i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Website, use of the Website, or access to the Website;

(ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

(iii) use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Website or monitor or copy our web pages or the content contained thereon;

(iv) deep link to the Website for any purpose;

(v) frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.

Any of these activities shall constitute a material breach of these Terms. We reserve the right (but are not obligated) to do any or all of the following:

(a) remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms;

(b) terminate a user’s access to the Website upon any breach of these Terms;

(c) edit or delete any communication(s) posted on the Website, regardless of whether such communication(s) violate these standards.

<i>Neither we nor our liscencors have any liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.

  1. Your Content

You may submit comments, testimonials, or other content to us (collectively, “Content”) via e-mail links on the Website. You grant to us a royalty-free, perpetual, irrevocable, nonexclusive, worldwide right and license (with the right to sub-license through multiple tiers) to (a) use, reproduce, distribute, modify, create derivative works of, publicly display, and publicly perform your Content in any media now known or not currently known; and (b) make, have made, sell, offer for sale, import, and otherwise transfer your Content (collectively, “Use”). You retain all ownership rights in and to your Content. We may post on the Website or anywhere else in our sole discretion any such information that you submit to us.

If you wish to keep any information private or proprietary, do not submit it to us by e-mail.

  1. Third Party Services

For your convenience only, the Website provides you with links to third-party Websites or locations, including service providers (“Provider”) such as booksellers. Our provision of such a link does not signify an endorsement by us of the third party, the third party’s Website, or the services offered by such third-party. We have no control over, do not review, and cannot be responsible for these outside Websites or their content. Your use of a third party Website will be at your own risk and subject to such third party’s terms of use and privacy policy. Should you decide to use the services of a Provider, any transaction between you and such Provider (including any agreement governing such transaction) will strictly be between you and the Provider. We have no control over the Provider’s performance of its services, and we make no representations or warranties with respect to the Provider’s performance of its services.

You agree that the Holistic Health with Holly™ will not be responsible or liable for any loss or damage of any sort incurred as the result of any such transaction with a provider.

  1. Termination

We may terminate your use of the Website without prior notice for any reason, at our sole discretion, including without limitation, if we believe that you have violated these Terms. You may discontinue your access to the Website at any time.

  1. Medical Disclaimer

This Website does not provide medical advice. All information on the Website is of a general nature and is furnished for educational purposes only. No information contained on the Website or in any e-mail or publication sent to you by FittFx is meant to substitute for the advice provided by your doctor or other healthcare professional. Always seek the advice of your doctor or other health care professional with any questions you may have regarding a medical condition. You should not use the information available on the Website for diagnosing or treating a health problem or disease, or prescribing or evaluating the advisability, safety, or efficacy of any medication or medical treatment. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure or prevent any disease. You should carefully read all products packaging prior to your use.

It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all content on the Website. Consult your healthcare professional before practicing any recommendations or acting on any content contained on the Website. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website. All persons are strongly advised to seek regular, professional medical care.

You acknowledge that we are not engaged in the practice of medicine, and that all decisions made using the Website’s content will be the exclusive responsibility of you and your physician. We expressly disclaim any responsibility or liability for any adverse consequences or damages, including without limitation personal injury and/or death, resulting from your use or the Website or reliance on the Website’s content.

You agree, at your expense, to indemnify and hold us harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against us arising from or related to decisions or recommendations you make using the Website.

  1. Disclaimer of Warranties

You expressly agree that use of the Website and its content is at your sole risk. The Website and all content on the Website is provided on an “as is” and “as available” basis. We expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement with respect to the service, the Website or the content.

We make no warranty that the services provided on the Website will meet your requirements or that the services will be uninterrupted, timely, secure, or error-free, or free of any harmful components (including viruses); nor do we make any warranty as to the accuracy or reliability of the Website or that defects in the Website will be corrected. You understand and agree that the download or other method of obtaining any material or information from the Website, and your transmission of any information in connection with your use of the Website, is done at your own discretion and risk.

  1. Limitation of Liability

To the extent permitted under applicable law, in no event will Holistic Health with Holly™ or their officers, employees, directors, affiliates, partners, agents, advisors, or contractors be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of revenues, profits, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of the Website, regardless of whether such damages are based on contract, tort, warranty, statute, or otherwise. If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue use of the Website.

Our aggregate liability to you for all claims arising from or related to the Website is limited to the lesser of the fees paid by you to FittFx for services provided on the Website or fifty dollars ($50).

  1. Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall not exceed the minimum permitted under such applicable law.

  1. Indemnification

You agree to indemnify, defend, and hold harmless FittFx, and its partners, employees, advisers, officers, directors, consultants, agents, and affiliates from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (1) your Content and any information you submit, post, or transmit through our Website; (2) your use of the Website; (3) your violation of these Terms;  (4) your violation of any rights of any other person or entity; or (5) any viruses, Trojan horses, worms, time bombs, cancel-bots, spyware, or other similar harmful or deleterious programming routines input by you into the Website.

  1. Notice of Product Pricing

Prices for products and services offered by FittFx are subject to change without notice.

  1. Intellectual Property

We grant to you a nonexclusive right and license to reproduce FittFx Program Content only for your personal noncommercial use as needed to complete and fulfill the requirements of your enrolled programs. Except for the limited license granted to you in this Section 15, nothing contained on the Website, or in these Terms shall be construed to grant any property rights, by license or otherwise, to any invention or any FittFx patent, copyright, trademark, or other intellectual property rights. If you violate any of these Terms, permission to use FittFx™ Content automatically terminates and you must immediately destroy any copies you have made of any portion of the content.

  1. Trademarks

All images, text, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Website constitute trade dress and are the property of FittFx. Any use of such trademarks, service marks, registered or pending, and/or trade dress without the prior written consent of FittFx is expressly forbidden. Any other trademarks or service marks appearing anywhere on this site are the property of their respective owners.

  1. Copyright

The Website, and all images, text, databases, software, code, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall look and distinctiveness of the Website are the exclusive property of Holistic Health with Holly™ and its licensors and are protected by U.S. and international copyright laws. FittFx Website content may be used for informational purposes only. Any other use of FittFx Content or such other content on the Website without the prior written consent of FittFx is expressly forbidden. The reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of the content of the Website is expressly prohibited without the prior written consent of Holistic Health with Holly™ management.

  1. Copyright Infringement

In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, our Website has designated an agent to receive notices of claims of copyright infringement:

We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party.

  1. Dispute Resolution

Any claim, dispute, or controversy arising out of the Terms, the Privacy Policy, and the services provided  on the Website, (“Claims”) shall be resolved by final and binding arbitration before a single arbitrator (“Arbitrator”) selected from and administered by the American Arbitration Association in accordance with its applicable rules. The arbitration hearing shall be held in San Francisco, CA. The prevailing party shall be entitled to reimbursement from the other party of its reasonable attorney’s fees, costs, and disbursements arising out of the arbitration. Either you or FittFx  may seek interim or preliminary injunction relief from a court of competent jurisdiction San Francisco, CA, as necessary to protect the rights or property of you or FittFx pending the completion of any arbitration proceeding.

  1. General

The Terms constitute the entire and exclusive and final statement of the agreement between you and FittFx with respect to the subject matter hereof, and govern your use of the Website superseding any prior agreements or negotiations between you and FittFx with respect to the subject matter hereof. The Terms and the relationship between you and FittFx shall be governed by the laws of the State of CA, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state.

FittFx failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction or the Arbitrator, you and FittFx nevertheless agree that the court or the Arbitrator should endeavor to give effect to your and FittFx intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect