Artwork by Xan Sinclair Koonce
BY ACCESSING, USING ANY PART OF THE WEBSITE AND/OR PURCHASING TO ANY FRUITION ONLINE COURSES OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY SERVICES.
If you have any questions about these Terms, please contact us by email at firstname.lastname@example.org.
ABOUT OUR WEBSITE
Subject to compliance with these Terms, FRUITION gives users the ability to consume wellness content and to purchase our Service (collectively, the "Services"). You agree that all transactions will be performed electronically and that the terms of the purchase and use of any Services will be governed by these Terms. You also agree that all images and content on the Website are reserved rights of FRUITION or reserved rights of third parties licensed with FRUITION.
ABOUT THE TERMS
The Terms have the same effect as an agreement in writing and govern your use of our Website and Services. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY CEASE USE OF OR ACCESS TO OUR WEBSITE AND/OR ANY SERVICES. We may modify the Terms at any time. Each time you visit or log into our Website, you reaffirm your acceptance of these Terms. You are responsible for regularly reviewing the Terms. The Terms are supplemented by additional terms and conditions applicable to privacy and may be supplemented by additional terms and conditions applicable to specific areas of our Website, or to particular content or transactions posted in particular areas of our Website.
FRUITION SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS. OUR WEBSITE AND SERVICES MAY INCLUDE INFORMATION AND INSTRUCTION RELATING TO PSYCHOLOGICAL AND OVERALL EMOTIONAL AND MENTAL WELL-BEING, HYPNOSIS, NUTRITIONAL SUPPLEMENT SUGGESTIONS, EXERCISE AND FITNESS, AND SOME OF THE SERVICES AVAILABLE THROUGH OUR WEBSITE RELATE TO SUCH TOPICS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING WARNINGS AND DISCLAIMERS SHALL APPLY TO ALL SUCH INFORMATION, INSTRUCTION, PRODUCTS AND SERVICES:
BEFORE PARTICIPATING IN ANY DIET OR EXERCISE PROGRAM OR USING ANY DIET OR FITNESS PRODUCTS OR SERVICES THAT MAY BE DESCRIBED AND/OR MADE ACCESSIBLE IN OR THROUGH OUR WEBSITE AND/OR THE SERVICES, WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER BEFORE BEGINNING ANY SERVICES OR TRYING ANY PRODUCTS. FRUITION, ITS MEMBERS, MANAGERS, REPRESENTATIVES AND CONTENT PROVIDERS ARE NOT LICENSED MEDICAL CARE OR HEALTHCARE PROVIDERS, AND ARE NOT RENDERING PERSONAL MEDICAL AND/OR PSYCHOLOGICAL ADVICE OR TREATMENT, AND HAVE NO EXPERTISE IN ADVISING ON, DIAGNOSING, EXAMINING, OR TREATING MEDICAL OR MENTAL HEALTH CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY WELLNESS SERVICES OR ANY SPECIFIC EXERCISE OR DIET SUPPLEMENT ON A MEDICAL CONDITION. BY USING THE SERVICES, YOU FURTHER REPRESENT THAT YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT, AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT BY PARTICIPATING IN CLASSES AND ACTIVITIES FROM FRUITION, YOU WILL NOT EXCEED YOUR LIMITS WHILE PERFORMING SUCH ACTIVITY, AND YOU WILL SELECT THE APPROPRIATE LEVEL OF CLASSES FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE. YOU UNDERSTAND THAT, IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY SUCH SUGGESTED ADJUSTMENT OR EQUIPMENT IS APPROPRIATE FOR YOUR LEVEL OF ABILITY AND PHYSICAL AND MENTAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT WHEN PARTICIPATING IN ANY DIET, EXERCISE, HERBAL, OR EXERCISE PROGRAM, AND/OR WHEN USING ANY DIET OR FITNESS PRODUCTS OR SERVICES, THERE IS THE POSSIBILITY OF PHYSICAL INJURY AND/OR DEATH, AND YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ANY SUCH ACTIVITIES. OUR WEBSITE, INCLUDING ALL CONTENT THEREON, AND THE SERVICES ARE NOT MEANT TO BE SUBSTITUTES FOR MEDICAL ADVICE FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON OUR WEBSITE OR THE ONLINE COURSES. YOU ARE ADVISED THAT HEALTH ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. WE ARE COMMITTED TO BRINGING YOU THE MOST UP TO DATE INFORMATION, HOWEVER, WE MAKE NO GUARANTEE THAT THE INFORMATION HEREIN IS THE MOST RECENT ON ANY PARTICULAR SUBJECT.
YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF A STATEMENT YOU HAVE READ ON OUR WEBSITE AND/OR HEARD IN OUR SERVICES. OUR WEBSITE AND THE SERVICES SHOULD NOT BE USED IN LIEU OF ADVICE GIVEN BY QUALIFIED MEDICAL PROFESSIONALS SUCH AS YOUR PHYSICIAN OR REGISTERED DIETITIAN. IT IS IMPORTANT THAT OUR WEBSITE AND THE SERVICES ARE USED ONLY IN CONJUNCTION WITH QUALIFIED MEDICAL GUIDANCE. IF YOU KNOW OR SUSPECT THAT YOU MAY BE PREGNANT, HAVE AN EATING DISORDER, HAVE DIABETES, OR HAVE ANY OTHER PHYSICAL OR MEDICAL CONDITION, IT IS IMPERATIVE THAT YOU SEEK THE ADVICE OF YOUR PHYSICIAN PRIOR TO USING OUR WEBSITE AND/OR THE SERVICES. IF YOU EXPERIENCE ANY DISCOMFORT OR PAIN DURING A DIET OR EXERCISE ROUTINE YOU MUST IMMEDIATELY CEASE THE ACTIVITY AND SEEK THE ASSISTANCE OF A PHYSICIAN.
BASED ON THE FOREGOING, NOTHING CONTAINED ON THE WEBSITE OR OTHER PRODUCTS OR SERVICES OFFERED BY FRUITION SHOULD BE CONSTRUED AS ANY FORM OF SUCH MEDICAL ADVICE OR DIAGNOSIS. WITHOUT LIMITING ANYTHING SET FORTH HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST FRUITION, OR ANY PERSON OR ENTITY INVOLVED WITH FRUITION, INCLUDING WITHOUT LIMITATION ITS DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES AND REPRESENTATIVES.
Our full Disclaimer can be found HERE.
TERMS AND CONDITIONS
To use the Website you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competence. By using the Website on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Website constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Website or the website of any of our affiliates, you are not permitted to access the Website.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Website and use the Services for your personal, non-commercial use, and as we otherwise intend. FRUITION reserves the right to monitor the Services for the purpose of determining that your usage complies with these Terms.
You may not use the Website or Services other than as expressly permitted by these Terms. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Website; (b) use the Services or Website commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Website (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Services, Website, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Services or Website; (g) collect information about users of the Services, the Website, or the Services; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Services or Website.
THE WEBSITE AND SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. FRUITION DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENTDED TO DISLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.
USE OF WEBSITE IS AT YOUR OWN RISK.
FRUITION DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. FRUITION MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE WEBSITE OR SERVICES OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
FRUITION DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE WEBSITE, AND FRUITION WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FRUITION WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
TO TEXAS RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF TEXAS ONLY.
LIMITATION OF LIABILITY
IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL FRUITION, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “FRUITION” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE WEBSITE OR SERVICES, EVEN IF FRUITION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. FRUITION WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.
IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.
BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
You agree to defend, indemnify and hold harmless FRUITION, its affiliates and their respective managers, members, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction on this Website; (c) arising from or related to our use of your User Content or Feedback in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Website or Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.
You and FRUITION agree that any claim or controversy that arises between us relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Website or Services (each a "Covered Matter" and collectively, “Covered Matters”), will be resolved in accordance with the provisions set forth herein.
Informal Resolution. If you have any dispute with FRUITION, you and FRUITION agree that before taking any formal action, you will contact us at email@example.com, provide a brief, written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow sixty (60) days to pass, during which FRUITION will attempt to reach an amicable resolution of any issue with you.
Applicable Law. You and FRUITION agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the State of Texas, USA, without regard to conflict of laws principles, will govern all Covered Matters. Such body of law will apply regardless of your residence or the location of where you use FRUITION Services.
Judicial Forum for Legal Disputes. Unless you and FRUITION agree otherwise any claim or dispute that has arisen or may arise between you and FRUITION must be resolved exclusively by a state or federal court located in Potter County, Texas. You agree to submit to the exclusive personal jurisdiction of the courts located within Potter County, Texas for the purpose of litigating all such claims or disputes.
STATUTE OF LIMITATIONS FOR YOUR CLAIMS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY COVERED MATTER MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Under no circumstances shall FRUITION or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
NO WAIVER; SEVERABILITY
No waiver of any term of these Terms will be binding unless in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of FRUITION to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.
These Terms (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and FRUITION and govern your use of the Website, and Services provided by FRUITION, and supersede any prior agreements between you and FRUITION on the subject matter. You also may be subject to additional terms that may apply when you use certain FRUITION services or third-party content, links or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by FRUITION without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of FRUITION. A party’s failure or delay in exercising any right, power or privilege under these Terms will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Website and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,” unless expressly stated otherwise. If you are using the Website or Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.
USE OUTSIDE THE UNITED STATES OF AMERICA
The Website is controlled and offered by FRUITION from the United States of America. FRUITION makes no representations that the Site is appropriate for use in other locations. Those who access or use the Website from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.
NOTICES AND ELECTRONIC COMMUNICATIONS
This means that if you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about our Website and any pending transactions to an email address you provide to us, if you have purchased access to Services or otherwise provided your email address to us or, in the alternative, by posting a notice on our Website and such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use our Website. If you give notice to us, it will be effective when received and you must use the following email address:
Last Modified February 27, 2019.