Terms of Sale and Usage

1. Introduction

In this Agreement Customer," User, "you" and "your" refer to each customer or user, and Fix YOUR Life, Fix YOUR Life!, "we," "us" and "our" refer to Fix YOUR Life!.

This Agreement explains our obligations to you, and your obligations to us, in relation to your use of our services.

By selecting Fix YOUR Life! product(s) / material / information you have agreed to establish an account with us.  When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional product(s) / material / information or to modify or cancel such offerings (even if we were not notified of such authorization), the terms of this  Agreement cover those transactions. Any acceptance of your application(s) for our offerings and the performance of our resulting obligations will occur at our offices in Fort Bragg, CA, the location of our principal place of business.

2. Offerings

Fix YOUR Life! offers product(s) / material / information (collective referred to as “our offerings”) that may assist you on an as-is basis from Fix YOUR Life! and, except as noted, Fix YOUR Life! does not represent or warrant to the truth or accuracy of such product(s) / material / information.

3. Fees & Payment

As consideration for the product(s) / material / information you have selected, you agree to pay Fix YOUR Life! the applicable product/ material / information / service fees set forth on our website at the time of your selection. You agree to keep your credit card information accurate and current with Fix YOUR Life! at all times. All fees are due immediately upon registration and are non-refundable.

In the event of non-payment, reversal of payment, or a charge back by a credit card company or other payment provider, Fix YOUR Life! may in our sole discretion, suspend or terminate your account. In order to qualify for the stated refund policy within 30 days, you agree to cancel your membership prior to the following month's renewal date. Failure to do so will result in renewal of your subscription and that collection of renewal subscription fees will not be subject to a refund.

4. Term & automatic renewal

Unless otherwise specified, each Fix YOUR Life! sale, is for the selected term and will renew automatically thereafter for successive equivalent terms unless either party elects to terminate (which you can do at any time by logging into your Fix YOUR Life! account and indicating your election to terminate). Any renewal of your offerings with us is subject to our then current terms and conditions and payment of all applicable fees at the time of renewal.

5. Modifications to Your Account

In order to change any of your account information with us, you must use your account name and the password that you selected when you created your Fix YOUR Life! account. Please safeguard this information from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account name or password.

6. Prohibited Conduct

You agree that you will only use our offerings for lawful purposes. Further, it is a violation of the terms of use to record via video, photograph or otherwise make available the internal site structure or content of Fix YOUR Life! without permission to non-Members of Fix YOUR Life!. If any videos or images exist, it is immediately required that all such videos or images be taken down offline and off of any servers.

7. Notices and Announcements

You authorize us to notify you as our customer of information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and offerings.

8. Limitation of Liability

To the extent permitted at law, Fix YOUR Life! and its partners and contractors will not be liable for any direct, indirect, incidental, special or consequential damages resulting from your use or inability to use any of the Fix YOUR Life! product(s) / material / information or for the cost of procurement of substitute product(s) / material / information. We disclaim any and all loss or liability resulting from, but not limited to: (i )any third party claims arising from or based on your use of our product(s) / material / information; (ii) access delays or access interruptions; (iii) data non-delivery or data mis-delivery; (iv) acts of God; (v) the unauthorized use or misuse of your Account name or password; (vi) errors, omissions, or misstatements in any and all product(s) / material / information provided under this Agreement; (vii) the deletion of or failure to store data of any kind; (viii) the development or interruption of your website; or (x) our processing of your application for our product(s) / material / information, our processing of any authorized modification to your record or your agents failure to pay any fees, our fees or re-registration fees. You agree that our entire liability, and your exclusive remedy, with respect to any Fix YOUR Life! product(s) / material / information provided under this Agreement and/or for any breach of this Agreement is solely limited to a refund of the amount you paid.

9. Indemnity

You agree to release, indemnify, and hold Fix YOUR Life!, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, relating to or arising from the Fix YOUR Life! offerings provided hereunder. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a material breach of this Agreement. In addition, in the event we are made a party to any claim, suit or action by you which is unsuccessful or by a third party in each case relating to or arising from the Fix YOUR Life! offerings provided hereunder, you will reimburse us, at a reasonable rate, for all personnel time and expenses expended by us in response to such claim, suit or action including without limitation, all attorney fees and expenses incurred by us with respect to such response.

10. Breach

You agree that your failure to abide by any provision of this Agreement, any Fix YOUR Life! operating rule or policy, or any dispute policy may be deemed be a material breach of this Agreement and that we may, in our sole discretion, elect to cancel this Agreement without further notice to you. We will not refund any fees paid by you prior to the termination of your Agreement due to your breach. Any such breach by you will not be deemed to be excused simply because we did not act earlier in response to that, or any other breach, by you.

11. Representations and Warranties

You represent and warrant that: (i) the information that you or your agent on your behalf provide to us during the registration for Fix YOUR Life! offerings is, accurate and complete, and that any future changes to this information will be provided to us in a timely manner; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; and (iii) you are of legal age to enter into this Agreement.

12. Release

You release Fix YOUR Life!, our partners, contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with our offerings. If you are a California resident, you waive California Civil Code Section1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13. Disclaimer

You agree that your use of our product(s) / material / information is solely at your own risk. You agree that all of our product(s) / material / information are provided on an "as is," and "as available" basis.

WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION THAT OUR PRODUCT(S) / MATERIAL / INFORMATION WILL MEET YOUR REQUIREMENTS OR THAT THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT(S) / MATERIAL / INFORMATION OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM Fix YOUR Life!. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED FROM Fix YOUR Life IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY E USE OF OUR SERVICE(S RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY PRODUCT / MATERIAL OR INFORMATION PURCHASED OR OBTAINED THROUGH ANY OF OUR OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US WILL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY MADE HEREIN. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Fix YOUR Life! reserves the right to terminate any of its offerings at any time, with or without notice to you. In the event of such termination, your sole remedy will be a pro rata refund of any amounts paid to Fix YOUR Life! for any product / material / information that was not completed in whole or in part.

14. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

15. Entirety

You agree that this Agreement and the privacy statement are the complete and exclusive agreement between you and us regarding our offerings. This Agreement and the privacy statement supersede all prior agreements, representations and understandings, whether established by custom, practice, policy or precedent.

16. Non-Assignment

Your rights under this Agreement are not assignable. Any attempt by you to assign your rights will render this Agreement voidable at our option. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, will render this Agreement voidable at our option.

17.  Arbitration

Any dispute or any claim arising from any asserted use of or reliance upon any product / material / information purchased from Fix YOUR Life shall be determined by submission to arbitration as provided by California law, and not by a lawsuit, or resort to court process except as California law provides for judicial review of arbitration proceedings.  Both seller and buyer are giving up their constitutional rights to have any such dispute decided in a court of law before a jury, and instead are accepting the use of arbitration. 

A demand for arbitration by you or by Fix YOUR Life must be communicated in writing.  Each party shall select an arbitrator (party arbitrator) within thirty days and a third arbitrator (neutral arbitrator) shall be selected by the arbitrators appointed by the parties within thirty days of a demand a neutral arbitrator by either party.  Each party to the arbitration shall pay such party’s pro rata share of the expenses and fees of the neutral arbitrator, together with other expenses of the arbitration approved by the neutral arbitrator. 

18.  Governing Law

Both Fix YOUR Life and you agree that this Agreement and any disputes hereunder will be governed in all respects by and construed in accordance with the laws of the State of California., excluding its conflict of laws rules. You and we each submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the courts of the State of California.   

19. Agreement to be Bound

By initiating a purchase from Fix YOUR Life! or an affiliate through our online application process, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Fix YOUR Life!.

 

 

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