Fabulous Health Terms


Please read these Terms of Use carefully before purchasing, accessing or using any courses, videos, services, online content, course materials and our website.
Terms of Use
Our courses, videos, services, online content, course materials and our websites (our “Courses, Services, Materials and Websites”) are owned and operated by Fabulous Health  (“Company”, “Fabulous Health”, “we”, or “us”). These Terms of Use (“Terms of   Use”) state how you may use our Courses, Services, Materials and Websites. Please read these Terms of Use carefully. We reserve the right to change these Terms of Use from time to time.
 
The term “you” refers to any purchaser and/or user of any of our Courses, Services, Materials and Websites.
By using any of our Courses, Services, Materials and Websites you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not use our Courses, Services, Materials and Websites.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Courses, Services, Materials and Websites that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Use and Consent

By purchasing or using any of our Courses, Services, Materials and Websites, you agree to abide  by these Terms of Use as well as our Disclaimers, Refund Policy and Privacy Policy (contained herein) and any other terms and conditions that may apply, and are you are required to act in accordance with them. Accessing, purchasing or using our Courses, Services, Materials and Websites, in any manner constitutes use of the Courses, Services, Materials and Websites, and your agreement to be bound by these Terms of Use.
 
All of our Courses, Services, Materials and Websites are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any of our Courses, Services, Materials and Websites by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Courses, Services, Materials and Websites, you represent and warrant that you are at least 18 years old.

Intellectual Property Rights

Our Limited License to You. 
 
Our Courses, Services, Materials and Websites are our property and/or our affiliates or licensors, and are protected  by copyright, trademark, and other intellectual property laws.
 
The content in our Courses, Services, Materials and Websites is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design,  layout, look, appearance, graphics of our website, videos and course materials or any other material or aspects provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of our Courses, Services, Materials and Websites, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non- transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Courses, Services, Materials and Websites in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are being granted a limited license to use our Courses, Services, Materials and Websites with permission and restrictions. This means that when you purchase a course or service from our websites or otherwise, you are purchasing the limited right to use Courses, Services, Materials and Websites in the form that is provided   by us to you with certain conditions as specified in these Terms of Use.
You are permitted to use our Courses, Services, Materials and Websites as  follows:
You may download and/or print course materials for your own personal use.
However, you are not permitted to share, sell, reprint or republish any other of our course materials, including handouts, for resale or mass reproduction purposes for your own use or business use.
Any trademarks, taglines, and logos displayed on course materials are trademarks belonging to us. All trademarks reproduced in our websites, which are not the property of, or licensed to us, are acknowledged on our websites. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks dis played, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or course or materials titles or any other title or information of ours bearing the trademark symbols (TM) or ® may not be used by you for any reason without our express written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
Information You Are Prohibited from Sharing with Others 
As a Licensee, you understand and acknowledge that our Courses, Services, Materials and Websites have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of our Company which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase Courses, Services, Materials and Websites, you agree that   you are clearly and expressly prohibited from doing the following:
  • You will not in any way use, copy, adapt or represent any of our Courses, Services, Materials and Websites in any way as if they are yours or created by you.

  • You will not copy, share or steal our Courses, Services, Materials and Websites, or any parts of them.

  • You will not engage in improper and/or unauthorized use of our Courses, Services, Materials and Websites.  Improper and un-authorized use includes but is not limited to modifying, copying, re-producing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any of our Courses, Services, Materials and Websites, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.

  • You will not duplicate, share, trade, sell, or otherwise distribute our Courses, Services, Materials and Websites to any other person, for their personal use, business/commercial use or in any way that earns them money,  whether it was known to you or not at the time that you shared the information that their intention was to use Courses, Services, Materials and Websites for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Courses, Services, Materials and Websites to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Courses, Services, Materials and Websites.
 
  • You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Courses, Services, Materials and Websites for your own training and educational purposes in no   way gives you any copyright, trademark, intellectual property or ownership rights of our Courses, Services, Materials and Websites.
 
  • You will not reprint or republish any part of our Courses, Services, Materials and Websites for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
 
  • You will not use our Courses, Services, Materials and Websites in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
 
  • You may not engage in improper and/or unauthorized use of our Courses, Services, Materials and Websites. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other per- son in a way that earns them money, any Courses, Services, Materials and Websites.
You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Courses, Services, Materials and Websites as set forth in these Terms of Use is considered theft and stealing and we retain the  right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Limitations on Linking and Framing

You may establish a hypertext link to our websites or to our Courses, Services, Materials and Websites so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website.  However, you may not frame or inline link our Courses, Services, Materials and Websites without our written permission.

Your License to Us

By posting or submitting any material on or through our Courses, Services, Materials and Websites, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video or any other submission for use on or through our websites, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Courses, Services, Materials and Websites. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Courses, Services, Materials and Websites at any time for any reason whatsoever.

Media Release 

By using our Courses, Services, Materials and Websites, including our Facebook and Instagram community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Courses, Services, Materials and Websites in our current or future Courses, Services, Materials and Websites, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

Request for Permission to Use Content

Any request for written permission to use our Courses, Services, Materials and Websites, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to terri@fabuloushealth.net
We very clearly state that you may not use our Courses, Services, Materials and Websites, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Courses, Services, Materials and Websites.

Security 

When you apply for, enroll in, purchase or use our Courses, Services, Materials and Websites we may seek and collect personal data and information including   but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Courses, Services, Materials and Websites, we take measures to protect the security of your Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Please consult our Privacy Policy (below) for further details.

Personal Responsibility and Assumption of Risk

As a Licensee, you agree that you are using your own judgment in using our Programs, Services and Program Materials and you agree that you are doing so at your own risk. Our Programs, Services and Program Materials are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Services and Program Materials. Our Programs, Services and Program Materials are merely to provide you with education and tools to help you make your own decisions about your health and lifestyle for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Services and Program Materials.

Disclaimers

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Courses, Services, Materials and Websites, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Courses, Services, Materials and Websites participant or user, including you.

Medical Disclaimer

OUR COURSES, SERVICES, MATERIALS AND WEBSITES DO NOT CONTAIN MEDICAL ADVICE. THE HEALTH INFORMATION IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE. ACCORDINGLY, BEFORE TAKING ANY ACTIONS BASED UPON SUCH INFORMATION, WE ENCOURAGE YOU TO CONSULT WITH THE APPROPRIATE PROFESSIONALS. WE DO NOT PROVIDE ANY KIND OF MEDICAL ADVICE. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

Weight loss is determined by many factors, and we make no claims whatsoever that you will lose weight following the programs we promote.  In that regard, our Courses, Services, Materials and Websites provide no warranty regarding weight loss whatsoever.
Healthy eating and a healthy lifestyle also are determined by many factors, and we provide no warranty about your overall health or about any specific health issues. 
In addition, we provide no warranty regarding any product or service explained, discussed or advertised on our Courses, Services, Materials and Websites.

Our Courses, Services, Materials and Websites are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Courses, Services, Materials and Websites is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Courses, Services, Materials and Websites, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

 Warranty Disclaimer

WE MAKE NO WARRANTIES AS TO OUR COURSES, SERVICES, MATERIALS AND WEBSITES. YOU AGREE THAT COURSES, SERVICES, MATERIALS AND WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR COURSES, SERVICES, MATERIALS AND WEBSITES WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF OUR COURSES, SERVICES, MATERIALS AND WEBSITES ARE FREE OF VIRUSES  OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR COURSES, SERVICES, MATERIALS AND WEBSITES OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

 Affiliates Disclaimer

Our Courses, Services, Materials and Websites may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include Click Funnels, Young Living, Souper Cubes, Amazon, Well Your World, Mud\Wtr, Joi, Juice Plus and Beachbody.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.
 
Testimonials Disclaimer

Our Courses, Services, Materials and Websites may contain testimonials by users of our Courses, Services, Materials and Websites. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. Your individual results may vary.
The testimonials on our Courses, Services, Materials and Websites are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on our Courses, Services, Materials and Websites verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
The testimonials on our Courses, Services, Materials and Websites are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Courses, Services, Materials and Websites. These links are provided for your convenience and the inclusion of any link in our Courses, Services, Materials and Websites to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Courses, Services, Materials and Websites, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Courses, Services, Materials and Websites. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

Technology Disclaimer

We try to ensure that the availability and delivery of our Courses, Services, Materials and Websites is uninterrupted and error-free, including our content and communications through  methods   like  our  websites, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Courses, Services, Materials and Websites become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Courses, Services, Materials and Websites inaccessible to you.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Courses, Services, Materials and Websites. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in our Courses, Services, Materials and Websites. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Courses, Services, Materials and Websites and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Courses, Services, Materials and Websites. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Indemnification, Limitation of Liability and Release of Claims 

Indemnification
 
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Courses, Services, Materials and Websites, or your breach of any obligation, warranty, representation or covenant set forth in these Terms of Use or in any other agreement with us.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Courses, Services, Materials and Websites. We do not assume liability for accidents delays, injuries, harm, loss, damage, death, lost profits, personal or business  interruptions, misapplication of information, physical or mental disease, condition or health issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Courses, Services, Materials and Websites, or in any way or in any location. In the event that you use our Courses, Services, Materials and Websites or any other information provided by us or affiliated with us, we assume no responsibility.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Courses, Services, Materials and Websites, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.

Your Conduct

You are agreeing that you will not use our Courses, Services, Materials and Websites in any way that causes or is likely to cause the Courses, Services, Materials and Websites, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic  communications and content sent from your computer to our Courses, Services, Materials and Websites.
You must use our Courses, Services, Materials and Websites for lawful purposes only. You agree that you will not use our Courses, Services, Materials and Websites in any of the following ways:
  • For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity;
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasion of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others.
  • To send, negatively impact, or infect our Courses, Services, Materials and Websites with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not; 
  • To cause annoyance, inconvenience or needless anxiety;To impersonate any third party or otherwise mislead as to the origin of your contributions;
  • To reproduce, duplicate, copy or resell any part of our Courses, Services, Materials and Websites in a way that is not in compliance with these  Terms of Use or any other agreement with us.
Communication Guidelines
If you have a question or concern about our Courses, Services, Materials and Websites, you may send an e-mail to terri@fabuloushealth.net and we will do our best to reply to your question or concern promptly. 
 
Purchases and Online Commerce 

If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for our Courses, Services, Materials and Websites without any additional authorization, for which  you  will receive   an electronic receipt. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Courses, Services, Materials and Websites will not continue and we reserve the right to cease your access immediately and permanently. If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Courses, Services, Materials and Websites at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Courses, Services, Materials and Websites.

All information obtained during your purchase or transaction for our Courses, Services, Materials and Websites and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase our Courses, Services, Materials and Websites for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Courses, Services, Materials and Websites for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Courses, Services, Materials and Websites, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Courses, Services, Materials and Websites (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected  by  the  Merchant   and  their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Courses, Services, Materials and Websites, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Courses, Services, Materials and Websites, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that Merchant’s website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Courses, Services, Materials and Websites.
 
Access To Courses, Services Materials and Website

  1. By purchasing our courses or services from our websites, you must agree to these Terms of Use;
  2. By purchasing our courses or services from our websites, you understand that that the course and services you are purchasing are digital in nature and must be accessed via secure sign in link known only to you.   No physical products will be sent to you.
  3. Access to these digital products is exclusively for your personal use and their contents shall not be shared, copied or distributed in any way, be that by digital or other means. 
  4. The log-in usernames and passwords are for your express use only.  These shall not be given to others for access to the products. 
  5. If you have any problems accessing the material, please send a request to terri@fabuloushealth.net. 
 
Refunds
  1. Persons who purchase the No.1 Secret to Permanent Weight Loss Webinar for $7.00 are entitled to a refund within 7 days of purchasing, should they feel that the webinar did not meet their expectations.   In this case, please email terri@fabuloushealth.net within 7 days of the purchase date. Refunds will not be given after 7 days.
  2. Sales of the Webinar Transcript and Private Coaching are non-refundable once accessed. 
  3. We offer a 30-day money back guarantee on the Quick Road To Fabulous Weight Loss Course.   To obtain a refund you must satisfy the following conditions: (1) You must have logged into the course portal and taken all the lessons to the end of module 4. (2) You must participate in the discussion room and have asked for assistance via the Questions for Terri function at least 1 week prior to requesting a refund. You must submit to terri@fabuloushealth.net the following documentation:
  • At least 2 weeks of screenshots from food eaten via See How You Eat app; 
  • Before and After photos and measurements; and
  • All homework from the course.
 
Refunds are at the express discretion of Fabulous Health.   No correspondence will be entered into. 
 
4. Should you inadvertently purchase a product by mistake, and you have not accessed that product by way of registering for the members area, a refund may be considered.  Please contact terri@fabuloushealth.net with your request. If you have accessed the product by way of registering in the members area, or scheduling a private appointment, no refunds will be given.

Private Coaching Cancellation Policy

If you cannot make an appointment, please respectfully give us 24 hrs notice and reschedule for the NEXT DAY.  For your success on this program, please do not leave it until the next week.
If you fail to show for your appointment without previous rescheduling, your time with us will be counted as an attended session. 
Although Terri will do everything in her power to be on time, every time, we reserve the right to reschedule your appointments with 48hrs notice.  Should we not provide you with this notice, we shall add an extra session to your account at no charge. 

Lateness

If you are late to your appointment, your session will end at the time specified for that session.
If we are late to an appointment, we will provide you with twice as many extra minutes, either at the end of your session (if you are available) or at your next appointment.  By accepting an appointment, you agree to these terms.
 
Termination

You have the right to terminate your use of or participation in our Courses, Services, Materials and Websites at any time by sending an e-mail to terri@fabuloushealth.net
We reserve the right in our sole discretion to refuse or terminate your access to our Courses, Services, Materials and Websites, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Courses, Services, Materials and Websites.
Upon termination by either of us, we reserve the right to immediately refuse  or terminate your access to any aspect of our Courses, Services, Materials and Websites, including but not limited to our websites, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Courses, Services, Materials and Websites at any time without notice and in our sole discretion.
All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.

Dispute Resolution 

It is hoped that should we ever have any differences, we could be able to work them out amicably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at terri@fabuloushealth.net and include all of your reasons for dissatisfaction with our Courses, Services, Materials and Websites. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Courses, Services, Materials and Websites you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Dallas, Texas, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Courses, Services, Materials and Websites. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and  opinions as a part of the legal process.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Privacy

"Fabulous Health" is committed to lawful, fair, and transparent collection of your data. This policy governs data collection by us when you purchase or use our Courses, Services, Materials and Websites. It was drafted to help you understand the types of information we collect from you, how we use it, as well as how we share, store and protect it.
If you do not agree with this policy, you should not use our Courses, Services, Materials and Websites. By accessing or using our Courses, Services, Materials and Websites, you agree to this policy, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.
If you are using our Courses, Services, Materials and Websites, you also must agree to our Terms of Use.
 
 Persons Under the Age of 18

Our Services are not intended for minors (persons under 18 years of age or equivalent depending on jurisdiction, (“Children”), and use of our Services by Children is strictly prohibited. We do not knowingly collect personally identifiable information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about Children, please contact us.

Types of Information We Collect

We collect information if you voluntarily provide it to us. For example, if you sign up for our Courses, Services, Materials and Websites, you might give us your name and email address. You might also give us data when you email us or give us feedback. In addition, you may submit information online through surveys, forms, portals, or other interactive activities on our website. details about transactions you carry out through our Courses, Services, Materials and Websites. It is always your choice whether or not to provide personal data. Do not provide personal data unless you are authorized to do so.

We may collect the following information directly from you:
 
  • information that may be personally identified, such as name, address, e-mail address, and other identifier by which you may be contacted online or offline ("personal information"); 
  • information that is about you but individually does not identify you; and/or
  • information about how you interact with our website, such as internet connection or the equipment you use to access our Courses, Services, Materials and Websites.
This policy does not apply to third-party sites that may link to, or be accessible from, our Courses, Services, Materials and Websites. We do not control these third parties' tracking technologies or how they may be used. Your interactions with these sites are governed by the third parties’ applicable privacy statements. If you have any questions about these sites, you should contact the responsible provider directly.

We may also collect information automatically: 

As you interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our website and information about your computer and internet connection. The information we collect automatically does not include personal information.

The technologies we use for this automatic data collection may include cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser, but if you do you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including personal information to present our Courses, Services, Materials and Websites to you; to provide you with information and services that you request from us; to fulfill any other purpose for which you provide it; to provide you with notices about your account/ subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to comply with legal obligations; or for any other purpose with your consent.

If you are an EU resident, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. This means we collect and use your personal data only where you have given your consent for one or more specific purposes; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation.

With Whom We Share Your Information 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect or you provide as described in this policy to our team members, agents, subsidiaries and affiliates who have a business need to know; to contractors, service providers, and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information; and/or with your consent.

We may also disclose your personal information: to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and/or to enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

 How We Protect Your Personal Information
 
We may store your personal data in any region or in any country where we or our service providers have facilities. We implement reasonable processes and adhere to best practices in order to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website. We will store your personal data only until it is no longer needed to fulfill the purpose(s) for which it was collected or as required or permitted by law; at that point it will be anonymized, deleted, or isolated.

 Accessing and Correcting Your Information

 You can request to access, correct or delete any personal information that you have provided to us by contacting us at terri@fabuloushealth.net. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
 
 How to Contact Us

 To ask questions or comment about this privacy policy and our privacy practices, contact us at: 

 Fabulous Health
 770 Mays Blvd #5065, Incline Village
 Nevada, USA 89450-5065
 terri@fabuloushealth.net

 https://fabuloushealth.net

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If you have any questions about any term of these Terms of Use, please contact us at  terri@fabuloushealth.net 
Thank you.