Acceptance of Terms of Use

Please read these terms of use carefully. Along with our privacy policy, they create a legally binding agreement between you and Healthy Fit & Fabulous (referred to as “Company”, “we”, “us”, “our”). They govern your use of:

• our website, www.healthyfitnfab.com ("Site"); and 

• email communication and content that appears on the Site, our email newsletter, and

• our social media (collectively, “Content”); andOur products and services

By using our Site or Content, you voluntarily agree to these terms of use, our privacy policy and our disclaimer. If you do not agree, please do not use our Site, products, services or Content.

You must be at least 18 years old to agree to these terms of use, our privacy policy, and our disclaimer. If you are under 18 years old, please do not use our Site, products, services or Content.

Healthy Fit & Fabulous is the owner of the Site. We reserve the right to change the information in our Site, Content, products, or services, at any time without notice. Your continued use of the Site, Content, product and services affirms your acceptance of the most current version of our terms of use, our privacy policy and our disclaimer.

1.FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY

The information in the Site and Content is for general informational and educational purposes only. It is not intended as healthcare advice, including the diagnosis or treatment of any physical or mental health condition, nor is it intended as a replacement for healthcare advice. The information in the Site, Content, product and services may not be suitable for your individual needs. You should consult your own healthcare provider before following any of the information or suggestions contained in the Site and Content, including any changes to your diet, exercise, medications, supplements, or other health and lifestyle practices.

2. NO PROFESSIONAL RELATIONSHIP, NO PROFESSIONAL ADVICE

By visiting the Site and using the Content, no professional relationship is established between us. A provider-client relationship is only created between us by way of a service agreement.

3. Intellectual Property

All information in the Site and Content, products, and services is owned by the Company unless otherwise attributed. It is protected by Canadian law governing copyright, trademarks, and other proprietary rights. This includes the Company brand, tradename, servicemark, logo, text, taglines, graphics, artwork, documents, articles, manuals, guides, products, templates, photos, videos, and web pages, as well as their selection and arrangement (i.e., look and feel); this also includes source code and software (collectively, referred to as "Intellectual Property”).

Your use of our Intellectual Property is strictly limited to the following: You may electronically view and print portions of the Site, Content, products, or services for the purpose of informational, educational, and non-commercial personal use only. If you would like to refer to, copy, or link to information contained in our Site or Content, you must attribute the Company as the original creator of the information, and you must directly link back to the Site or Content in whatever platform it appears.

Any other modification, publication, transmission, participation in the transfer or sale, creation of derivative works, distribution, display, or reproduction of our Intellectual Property in any format without our prior written permission is strictly prohibited

We reserve the right to protect and defend our Intellectual Property rights against violation to the fullest extent permissible by law.

4. LIMITED LICENSE FOR PRODUCTS & SERVICES

Purchasing products or services grants you one single limited, non-transferable, non-exclusive, royalty-free, revocable license to the specific products or services you purchased. The license is solely for the purpose of your informational, educational, and non-commercial personal use. You are strictly prohibited from sharing, lending, sub-licensing, selling, reselling, transferring, copying (including copying the source code), reverse engineering, duplicating, reproducing, modifying, or otherwise exploiting your access to the products or services to any other party for any reason. If, in our sole discretion, we determine that you have breached the terms of your license, we will consider this copyright infringement and will immediately revoke your license and suspend your access to the products or services without refund. If your license is revoked, you must destroy any products or services in your possession, whether in electronic or printed format.We reserve the right to take additional steps to seek available legal remedies for violation of our Intellectual Property rights, including reporting your activities to the relevant law enforcement authorities.

5. Fees, Payment and Refunds

Fees for products or services are listed on the Site in CDN dollars. We reserve the right to change our fees at any time without notice.When you purchase products or services, you allow us to automatically charge your credit card unless we provide you with an alternative form of payment. You will be charged in CDN dollars.We do not offer refunds for products or services you paid for and we delivered to you.

You agree to not dispute any charges with your credit card provider and/or financial institution for products or services you paid for and we delivered to you.Your satisfaction is important to us. If you’re unhappy with the products or services you purchased, please get in touch with us as soon as possible at [email protected]

6. Third Party Applications & Links

We use a number of third party applications to make the Site and Content available to you. We may also link the Site and Content to third party websites. Healthy Fit & Fabulous assumes no responsibility for the content, security, or reliability of any third party application or website, or for any losses or damages you may incur from using any third party application or website.

If you would like to know which third party applications we use, contact us at

[email protected]. If you do not agree with the terms of use for any of these third parties, please do not use our Site or Content.

7. Your Conduct

You agree that you will not use the Site or Content in a way that:

a. violates any international, federal, provincial, or local laws, regulations, rules, codes,

or orders of governmental or judicial authorities;

b. is fraudulent, deceptive or misleading;

c. tampers with the Site, Content, products, or services, such as introducing viruses,

trojans, worms, logic bombs, or otherwise harms the functionality and security of the

Site, Content, products, or services;

d. is threatening, harassing, discriminatory, libelous, defamatory, or obscene;  

e. violates any contractual or fiduciary obligations;  

f. uses the Site or Content for any third party marketing without our express written

permission; or  

g. has an adverse effect on our business or reputation, or ability to provide products or

services

We will report any of the above activity to the relevant law enforcement authorities. You agree to indemnify and hold us harmless from any third party claims, liability, damages, and/ or costs arising from your use and misuse of the Site or Content, and/ or your breach of these terms of use.

8. Communication

If you voluntarily opt into our email list or service application form, you agree to receive email from us, including announcements, site updates, promotions, and news about any changes to the products or services you have purchased.

We accept no responsibility for your receipt of communication from us, including announcements, site updates, promotions, and news. You are responsible for ensuring that your email address is not blocked or impaired from receiving our communication.

You may unsubscribe from our email communication at any time. However, in doing so, you understand that you will no longer be notified of information or updates from us.

If you are a client or have purchased products or services, we reserve the right to continue sending you communication pertinent to your purchase, including issues with payment.

You agree to comply with Canada's Anti-Spam Legislation. If, in our sole discretion, we determine that you are involved in creating or sending spam to the Site, our email, or our social media channels, we may immediately terminate your access to these platforms.

9. Feedback & Testimonials

We may refer to testimonials, case studies, or other feedback from users or clients about our service through the Site, Content, products, or services.

Although these are truthful, the results obtained by these clients are examples only and are not necessarily typical.

We will only refer to testimonials, case studies, or other feedback from clients if we have their prior written consent.

10. Results Not Guaranteed

We cannot guarantee any results of any kind from using the Site, Content, products, or services.

You agree to use the Site, Content, products, or services at your own discretion and risk, and you agree that you are fully responsible for your own results. 

11. No Warranty

The Site, Content, products, and services are provided "as is" without any express or implied warranty. We try our best to provide you with information and materials that are accurate, complete, reliable, and current, but we cannot guarantee this. We also cannot guarantee your personal success or any specific outcome related to your health and wellbeing as a result of using theSite, Content, products, or services. You accept full responsibility for using the Site, Content, products, or services.

12. Disclaimer of Liability

We expressly disclaim liability for any direct or indirect loss or damage to you or others arising from your use of the Site, Content, or our services or products.

13. Indemnification

You agree to indemnify and hold harmless Healthy Fit & Fabulous, along with its directors, officers, employees, agents, affiliates, subsidiaries, representatives, and partners, from any liabilities, losses, costs, injuries, claims, damages, causes of action, or demands— including legal fees and related expenses incurred by you or others that result from:

Your use of the Site or Content in violation of these terms of use, orYour violation of any rights, laws, regulations, or codes.

This indemnification obligation will survive the termination of these terms of use and your use of the Site or Content.

14. Refusal of Service

We reserve the right to refuse access to the Site, Content, products, or services to any person or entity for any reason at our sole discretion. 

15. Severability

If a provision in these terms of use, our privacy policy, or our disclaimer is determined to be invalid or unenforceable, the remaining provisions will not be affected and will remain in full effect. 

16. Assignment

Your rights and obligations under these terms of use cannot be assigned to any other party.

17. Governing Law

This agreement shall be governed by the laws of Alberta, Canada, without giving effect to any choice or conflict of law provision or rule of another jurisdiction. Any disputes arising from this agreement will be heard in the courts of Alberta, Canada.

18. Entire Agreement

These terms of use, along with our privacy policy, constitute the entire agreement between you and Healthy Fit & Fabulous

Contact Us

It you have questions or concerns about these terms of use, please contact us at [email protected]