Viva - Terms of Service

Last updated: October 2, 2020

The following Terms of Enrollment govern your participation in theProgram presented by Viva Fit Inc. (“Company”). Please read these Terms of Enrollment carefully. By visiting and using the Facebook Messenger Chat/ProgramPortal/Membership Site you agree that your use of our Service, participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

The Badass Body Boss (“Program”) is delivered online and over the phone, and includes Daily Journaling, Badass Body Boss course, Weekly Q&A Coaching Calls, and private exclusive community.

What's Included

  • Daily Journaling
  • Weekly Q&A Coaching Calls
  • Badass Body Boss Course
  • Private exclusive community

We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:

  • You become disruptive or difficult to work with.
  • You fail to follow the program guidelines.
  • you impair the participation of our coaches or participants in our program(s).

Content

Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.

All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.

Program content is for personal use only, and may not be sold, recorded, video taped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.

The  information contained  in  program material  is  strictly for  educational  purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

We assume no responsibility for errors or omissions that may appear in any program materials.

User names and passwords may not be shared with any third-parties.

Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrollment without refund.

Privacy & Confidentiality

We respect your privacy and must insist that yourespect the privacy of fellow Program participants.

We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, "ConfidentialInformation") and must insist that you respect the same rights of fellowProgram participants and of the Company.

We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to the Service at any time, for any or no reason, with or without prior notice, and without liability.

Thus, you agree:

  • Not to infringe any Program- participants or theCompany's copyright, patent, trademark, trade secret or other intellectual property rights.
  • That any Confidential Information shared byProgram participants or any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Participant who discloses it or the Company.
  • Not to disclose such information to any other person or use it in any manner other than in discussion with other Program participants during Program sessions.
  • That all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company.
  • The reproduction, distribution and sale of thesematerials by anyone but the Company is strictly prohibited.
  • That if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company and/or the other Program participant(s)will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

While you are free to discuss your personal results from our programs and training, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

Interactive Features

It is a condition of your use of the Site and participation in the Program that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising
  • Use theSite to advertise or solicit to anyone to buy or sell products or services, or to make
    donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

COMPANY may host Facebook groups, message boards, chats and other public forums. Any user failing to comply with the terms and conditions of thisAgreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. COMPANY or its designated agents may remove or alter any user-created content at any time for any reason.Groups, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by COMPANY staff, COMPANY's outside contributors, or by users not connected with COMPANY, some of whom may employ anonymous usernames. COMPANY expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of COMPANY or any of its subsidiaries or affiliates.

COMPANY has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites.However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.

Membership and Fees

The cost of the program is $2,000 USD.

If you chose a payment plan, you are liable and responsible for depositing all payments in the payment plan. No exceptions.

We have a “No Refund” policy. No refunds will be granted at any time, or for any reason.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USEOF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS,PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVENIF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS,PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE ANDTHE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITEIS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND,IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

License

As the client your use of and access to the Program Materials “program” is on a licensed basis. The “company” hereby grants to you and you hereby accept then on-exclusive right, license and privilege to use. As the license is granted directly to you, there is no authorization to sublicense to any other individual and/or company. The license to the Program Material “program” is valid for a one (1) year period.

As the client you will continue to have lifetime open access to the Alumni Program“client portal”. The Alumni Program includes and not limited to program portal, Facebook groups, weekly and monthly webinars.

You agree to:

  • Constantly use your best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.
  • Not to attack the title of Company in and to theProgram Material nor attack the validity of the license granted hereunder.
  • Not harm, misuse or bring into disrepute theProgram Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of your ability.
  • At all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. You shall also abide by Company’s suggestions and specifications regarding quality control over the use of theProgram Material.

The license granted herein does not grant you any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Viva Fit Inc., trade secrets or other rights or intellectual property of any kind, except as provided by said license. Further, such license applies only to those Program Material designated herein. You shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder.

Company shall have the right to approve all uses of the Program Material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the ProgramMaterial (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

This agreement entitles you to install and use one copy of the Program Material.Multiple copy uses or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Program Material. For further information regarding multiple copy licensing of the Program Material, please contact: hey@coachviva.com

Without first obtaining the express written consent of Viva Fit Inc., you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease or sublicense or otherwise transfer your rights to the Program Material.

You may not decompile “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Program Material.

You may not modify the Program Material or create any derivative work of the ProgramMaterial or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Program Material. You may not reproduce the database portion or create any tables or reports relating to the Program Material.

You may not copy any part of the Program Material except to the extent that licensed use.

Dispute Resolution

1.  All disputes arising under or concerning thisAgreement are to be submitted to binding arbitration, in Seattle, WA, to be resolved in accordance with the laws of State of Washington, USA.

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.