FIYD Terms And Conditions 2018-01-29T04:36:33+00:00

TERMS AND CONDITIONS

Last updated: January 4, 2018

Agreement and Release of Liability

In consideration of being allowed to participate in the activities and programs offered by PJS Consulting, LLC, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge and hold harmless PJS Consulting, LLC and its officers, agents, consultants/coaches and employees from any and all responsibility, liability, cost and expenses, including injuries or damages, resulting from my participation in any activities, or my use of any programs designed by PJS Consulting, LLC.

I do also hereby release PJS Consulting, LLC its officers, agents, consultants/coaches and employees from any responsibility or liability for any injury or damage to myself, or in any way arising out of or connected with my participation in any activities with PJS Consulting, LLC.

I do hereby further declare myself to be over the age of 18, physically sound and suffering from no condition, impairment, disease, infirmity or other illness that would prevent my participation in a diet program except as hereinafter stated.

I acknowledge that I have either had a physical examination and been given my physician’s permission to participate, or that I have decided to participate in programs designed by PJS Consulting, LLC without the approval of my physician and do hereby assume all responsibility for my participation and activities, and utilization of equipment and machinery in my activities. In addition, I hereby represent and warrant that I am currently covered by an accident and health insurance policy.

Acceptable Use 2018-01-09T01:59:49+00:00

You agree to not use this website in any way that causes, or may cause, damage to PJS Consulting, LLC., it’s website, or it’s services, or in any way which is illegal, unlawful, misrepresenting, fraudulent, or otherwise harmful to PJS Consulting, LLC., it’s employees, agents, and users.

You are forbidden from using this website to store, transmit, copy, hose, use, publish, or distribute malware, spyware, viruses, Trojan Horses, worms, or any other malicious or unwanted computer software.

You are forbidden from participating, conducting, or overseeing systematic data collection activities of any kind, including, but not limited to: scraping, mining, extracting, or harvesting, without PJS Consulting, LLC.’s express written consent.

You are forbidden from using this website to send unsolicited commercial communications to PJS Consulting, LLC. and its users; and use PJS Consulting, LLC. for purposes of marketing without the express, written consent of PJS Consulting, LLC.

You are forbidden from knowingly, inadvertently, wantonly, maliciously, or negligently infringing, appropriating, using, or impeding upon the intellectual property rights of any person, business, organization, group, guild, or the like. Intellectual property rights include, but are not limited to: patent, trademark, copyright, service mark, trade secrets, publicity, celebrity, design.

It is the sole responsibility of the user to ensure their content does not violate, infringe, appropriate, use, or impede on the state or federally protected intellectual property rights of another.
PJS Consulting, LLC. is not liable for the use, misuse, mischaracterization, misappropriation, infringement, violation, or impediment of another’s intellectual property due to User’s malfeasance or actions.

You are forbidden from infringing and impeding upon the privacy rights of PJS Consulting, LLC., it’s employees, it’s users, or any other third party in use of this website or its related services.

You are forbidden to use PJS Consulting, LLC., its website, or its services to commit any unlawful, illegal, harmful or otherwise disreputable act on PJS Consulting, LLC., its employees, its agents, its users, or any third party.

Cancellation and Refund Policy. Except as explicitly provided herein, Seller shall not refund Buyer for services rendered and associated fees. Seller shall provide a full refund less $47 for full price of FIYD Exercise Plan to Buyer if requested within 72 hours of Buyer receiving their plan.

Further, if Buyer cancels after 72 hours, their upfront payment and current month payment is forfeited. All future payments shall be cancelled. Upon their discretion, Seller may postpone Services upon Buyer’s request. Upon cancellation, all Services, including access to Seller’s Facebook community, shall be discontinued immediately.

Suspension of Service. If any amount owed by Buyer, under this or any other agreement, is more than 10 calendar days overdue, Seller may, without limiting other rights and remedies, suspend Services immediately, without notification, until payment is made in full.

Term Expiration. Upon conclusion of Buyer’s initial term, Services and Payment shall continue in perpetuity on a month to month basis. Buyer is free to cancel Services at anytime after the initial term without consequence (less $47 for cost of FIYD Exercise Plan). Further, upon the expiration of the initial term, the Seller reserves the right, with 30 days prior notice, to raise, modify, augment, lower, or otherwise change the price or nature of the provided Services.

License 2018-01-09T02:00:54+00:00

PJS Consulting, LLC. and its licensors hold, own, and retain all intellectual property rights to, but not limited to, this website, it’s material, resources, contracts, forms, and processes. PJS Consulting, LLC. expressly and unequivocally reserves its right to this intellectual property.

By using PJS Consulting, LLC., user expressly and unequivocally grants PJS Consulting, LLC. a perpetual, irrevocable, non-exclusive, royalty-free, transferable, licensable, worldwide license to use, modify, alter, reproduce, publish, disseminate, distribute, display, create derivate works, promote, and market their content related to PJS Consulting, LLC.’s services in any medium, format, or with any technology now or available in the future.

In the absence of legal obligations, legal necessity, or business necessity, PJS Consulting, LLC. shall destroy any and all of a user’s content upon request.

User is granted a wholly-revocable limited license to use PJS Consulting, LLC.’s services for its stated and intended use. User is forbidden from:

  • Republishing material from this website
  • Utilizing PJS Consulting, LLC., it’s website, and resources for commercial use
  • Reproducing, duplicating, copying, or otherwise exploiting PJS Consulting, LLC., it’s services, and its resources
  • Edit, alter, modify, or delete any material or resource of this website or of PJS Consulting, LLC.
  • Using the service for matters illegal, unlawful, harmful, offensive, not expressly permitted by these terms of service agreement, or in an otherwise objectionable manner.

PJS Consulting, LLC. may revoke user’s license at any time, without notice, reason, or compensation.

Access 2018-01-09T02:01:12+00:00

PJS Consulting, LLC., it’s employees, or agents, may disable user’s access at any time without reason, notice, or explanation. PJS Consulting, LLC. does not guarantee accessibility of this site and may be temporarily or permanently unavailable at any time. PJS Consulting, LLC. reserves the right to nullify any account and remove any and all material submitted and stored on PJS Consulting, LLC. without reason, notice, or explanation. PJS Consulting, LLC. reserves the right to monitor all information submitted to PJS Consulting, LLC. and its service but is under no duty to do so.

Data 2018-01-09T02:01:46+00:00

Refer to our Privacy Policy to see how we manage and protect user data.

Sale 2018-01-09T02:02:18+00:00

For PJS Consulting, LLC. services, you shall agree to pay all fees associated with PJS Consulting, LLC.’s services and applicable taxes, and additional expenses in furtherance of PJS Consulting, LLC.’s provided services. PJS Consulting, LLC. does not provide refunds for incomplete, partially incomplete, or completed work of any kind. PJS Consulting, LLC. retains the right to change, modify, augment, amend, or reduce it fees and charges at any time with or without notice or explanation.

By agreeing to the terms of service, you agree to pay PJS Consulting, LLC. and authorize PJS Consulting, LLC. to charge your credit card or debit card through third party payment processor (“Stripe”) or any other payment method for any and all purchases necessary to provide ordinary service.

Indemnification 2018-01-09T02:03:01+00:00

You affirm, express, and unequivocally agree to indemnify and hold PJS Consulting, LLC., its employees, agents, subsidiaries, and contractors harmless from any and all claims, litigation, legal action, losses, obligations, expenses, judgments, damages, costs, debts, damages, and liabilities arising from any of the following actions:

  • Any and all violations of this terms of service
  • Your use, or any other party’s use of your account with or without your discretion, of PJS Consulting, LLC.’s services, related services, and website.
  • Any misuse arising from your use, of any other party’s use of your account with or without your discretion, of PJS Consulting, LLC.’s services, including but not limited to: fraud, misrepresentation, collusion, extortion, invasion of privacy, corruption, embezzlement, forgery, identity fraud, tortious conduct, or infringement or violation of intellectual property rights.
  • Any violation of law, rule, regulation, or order of any jurisdiction by you or any other party’s use of your account with or without your discretion.
Warranty 2018-01-09T02:03:34+00:00

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PJS Consulting, LLC. MAKES NO WARRANTY, EXPRESSED OR IMPLIED, ORAL OR WRITTEN, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ITS SERVICES, RELATED SERVICES, WEBSITE, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. NO ADVICE, COMMUNICATION, OR INFORMATION PROVIDED BY PJS Consulting, LLC. SHALL PROVIDE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, PJS Consulting, LLC., ITS EMPLOYEES, LICENSORS, CONTRACTORS, AND SUBSIDIARIES DO NOT WARRANT THE ACCURACY, RELIABILITY, VERACITY, LEGAL ENFORCEABILITY OF THE CONTENT AND DO NOT GUARANTEE OR WARRANT IT’S APPLICATION OR USEFULNESS FOR ANY AND ALL CIRCUMSTANCES. PJS Consulting, LLC. DOES NOT WARRANT THE SERVICE IS FREE OF BUGS, VIRUSES, MALWARE, OR OTHER HARMFUL OR MALICIOUS SOFTWARE, USAGE OF THE SITE IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE DIRECTLY OR INDIRECTLY CAUSED BY USE OF PJS Consulting, LLC.

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. USAGE OF THE SERVICE IS AT YOUR OWN RISK

PJS Consulting, LLC. DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE QUALITY OF THIRD PARTY SERVICES OR PRODUCTS OFFERED OR ADVERTISED BY PJS Consulting, LLC.. NOR DOES IT OVERSEE, MONITOR, CONTROL, OR INFLUENCE THE TRANSACTIONS OR SERVICES PROVIDED BETWEEN YOU AND THE THIRD PARTY.

Limitation of Liability 2018-01-09T02:04:52+00:00

PJS Consulting, LLC., its employees, agents, and subsidiaries shall not be held liable under contract or tort (including negligence) for

  • Any violation of these terms of service
  • Any damages arising from use, misuse, or inability to use PJS Consulting, LLC., it’s website, and its services
  • Any damages, loss, or injury arising from hacking, improper dissemination, or unauthorized access of your account or information

To the maximum extent permitted by applicable law, PJS Consulting, LLC. assumes no responsibility for:

  • Any errors, mistakes, omissions, inaccuracies, legal enforceability of its content, resources, services, or forms
  • Personal injury or property damage by your access of PJS Consulting, LLC., it’s website, and PJS Consulting, LLC.’s services.
  • Any outage of service
  • Any bugs, viruses, trojan horses, malware, or any other malicious software
  • Offensive, defamatory, tortious, or illegal conduct of a third party
  • Any loss or damage as a direct or indirect result of using PJS Consulting, LLC., it’s website, and its services.
  • Your disclosure of confidential and personal information to any third party

These limitations of liability apply even if PJS Consulting, LLC. has been expressly advised of the potential loss.

Choice of Law 2018-01-09T02:05:15+00:00

Any and all claims, causes of actions, or disputes arising from this Agreement and user’s relationship with PJS Consulting, LLC., its employees, agents, and users, or content access through PJS Consulting, LLC. shall be governed by the laws of Arizona without regard to conflict or choice of law principles

Venue 2018-01-09T02:05:32+00:00

Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the District of Arizona and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Arbitration 2018-01-09T02:05:48+00:00

Any controversy or claim arising out of or relating to this Agreement and user’s relationship with PJS Consulting, LLC., its employees, agents, and users, or content accessed through PJS Consulting, LLC., shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

By execution of this Agreement, user knowingly and voluntarily and irrevocably waives their right to a trial by jury and agree that if the binding arbitration provision is determined for any reason to be unenforceable or inapplicable to a particular dispute, then such dispute shall be decided solely by a judge, without the use of a jury, sitting in a court of competent jurisdiction.

Integration 2018-01-09T02:07:08+00:00

This Agreement is the final Agreement and contains all terms with regards to the User and PJS Consulting, LLC.’s relationship.  This Agreement may not be contradicted, amended or supplemented without conspicuous notification by PJS Consulting, LLC.

Severability 2018-01-09T02:07:26+00:00

If any provision in this Agreement becomes invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of any other provision within this Agreement in this jurisdiction, or any other jurisdiction.