Terms of Use
TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING Fitness with Fido’s Fido Tribe WEBSITE OR APP. By using this website or the app, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website or the app. The app uses YouTube API Services if available.
SALES POLICY
The purchase of all digital products, app subscriptions, ebooks, pdf downloads and online content is subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.
1. All digital products, apps, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, app, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person.
2. All purchases for digital downloads made on www.fidotribe.fit are non-refundable and non-exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via info@fitnesswithfido.fit to discuss a resolution.
3. By placing an order with Fitness with Fido, LLC, you warrant that you are at least 18 years old (or have parents’ permission to buy from us) and accept these terms & conditions which shall apply to all orders placed or to be placed at Fitness with Fido for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.
4. Fitness with Fido, LLC has the right to remove/update downloads at any time. Internet access is required to view all videos. Access does not expire on fidotribe.fit for lifetime access for programs unless we were to go out of business. Please download any files to ensure continuous use.
5. Facebook GROUP –Fitness with Fido’s Fido Tribe Facebook Group is a great way for members to connect and motivate each other along their journey. A link to request access is located on the program page when logged into your account and in your welcome email. When requesting access please confirm that you have answered the questions and your account is in accordance with the group’s guidelines. All pending requests are reviewed within 24-72 hours. We have the right to deny or remove a member at any time.
RETURN POLICY
As all of our products are digital they are deemed “used” after download or opening. This unfortunately means we have a strict no refund policy in regards to dissatisfaction with product. If you are one of our monthly or yearly subscribers for virtual classes you can cancel anytime before your next billing date to not be charged again. Please contact info@fitnesswithfido.fit to see how we can remedy any problems you may have with this.
Your access to and use of this website and the app, as well as all related websites operated by Fitness with Fido (which includes Fido Tribe, among others) (collectively the “Site” and the “App”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site and/or the App, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you, the Site and/or the App are superseded and of no force or effect:
1. You agree that the Site and/or App itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site and App by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Fitness with Fido, LLC (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site and/or the App, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site and/or the App, including without limitation the name and trademark “Fitness with Fido” and “Fido Tribe”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site and/or the App shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site and/or the App or in any Content in any way, you may notify Company at info@fitnesswithfido.fit. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site and/or the App, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site and/or the App. Results may vary from individual to individual.
5. When you register with the Company and/or this Site and/or the App, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site and/or the App to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site and/or the App. Use of the Site and/or the App is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site and/or the App, you signify your acceptance of the Company’s Privacy Policy, www.fidotribe.fit If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR THE APP AND/OR ANY CONTENT ON THE SITE AND/OR THE APP SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE AND/OR THE APP. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE AND/OR THE APP IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE AND/OR THE APP, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE AND/OR THE APP OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE APP AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE APP AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR THE APP AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR THE APP AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE AND/OR THE APP, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site and/or the App, (iv) your use of the Site and/or the App or any services that the Company may provide via the Site and/or the App, and (v) your conduct in connection with the Site and/or the App or the services or with other users of the Site and/or the App or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licencors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in St. Louis, Missouri. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed sever-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
16. Photo, Video and Social Media: If you share something we like it may be used for marketing and promotional purposes. If you do not want it shared then please reach out for it to be removed or if credit has not been given.
Billing Terms
Website Purchase
1. Subscriptions purchased directly from the Website are managed and billed by Fitness with Fido, llc (us).
2. All Website Purchases are processed securely via our third-party payment gateway providers (Stripe & Paypal). Please refer to their Terms and Conditions for additional information.
3. All transactions are handled over SSL (secure sockets layer) and are PCI (payment card industry) -Compliant. We do not store your credit card details which will be stored by Stripe and/or Paypal.
Payments
4. The monthly or yearly Subscriptions are payable up front at the commencement of the Subscription.
5. Subscriptions will be auto-renewed on the first day of your next billing period unless you expressly indicate to us you do not wish to renew.
6. If you have purchased your Subscription via our Website, you are required to let us know if your Payment Method changes. You can do this by going into your profile settings and selecting Subscriptions.
7. We will assume your Payment Method is correct and will continue to bill Subscription Fees and charges relating to your Subscription by your nominated Payment Method:
a.If any Subscription Fees billed to your account are not processed for any reason we may suspend your Subscription until payment is made in full.
8.
We reserve the right to vary the Subscription Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect; and
a.If your purchase was made via the Website and you do not cancel your subscription before your next billing cycle, you will be deemed to have accepted the variation
b.If your purchase was made via the Apple App Store of Google Play Store and if you do not accept the price increase, your Subscription will automatically be cancelled.
Promotions
9. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to and on its terms and conditions separate to those of our Terms and Conditions. It is your responsibility to read and understand those third party terms and conditions.
10. Any trial offers or subscriptions will automatically rollover to a paid Subscription unless cancelled at the end of the promotional period, or unless otherwise stated.
Cancellation
11. Unless you cancel or opt out of automatic renewal of your subscription before the expiry of your Subscription, you will be charged for a renewed Subscription at the same cost of your initial Subscription on the date that your initial Subscription expires.
12. After cancellation, you will continue to have access to the website or app for the remainder of your billing period.
13. To cancel your subscriptions you will need to go to the platform your Subscription was created on.
a. If you subscribed via the website, go to Billing and Subscriptions in Settings, and click the edit icon. Click “Cancel Subscription”.
b. If you subscribed via the iOS app or Android app, you will need to cancel your Subscription via your Apple ID Subscriptions or your Google Play Subscriptions.
14. All payments made through your Apple ID account are controlled and managed by Apple who require notice of cancellation at least 24-hours prior to the end of your billing period. 27. We do not offer refunds or credits for unused subscription periods, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.28. If you are dissatisfied for any reason, please contact us at info@fitnesswithfido.fit
Free Trials
15. All subscription options offer new users the first 10 days of free, unrestricted access to Fido Tribe
16. Free trials are only available to new users, and are provided at our sole discretion and not available in conjunction with other offers that we may have from time to time. Please be aware that if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
17. We reserve the right to revoke your free trial at any time.
18. You may cancel anytime on the platform where you created your user account within the first 10 days, otherwise you will be charged for the Subscription after your 10-day free trial ends.
19. All payments made on the iOS app are charged via your Apple ID account and are controlled and managed by Apple. Apple requires cancellation requests to be made at least 24-hours prior to the end of your 10-day trial.
20. Your Subscription will start with a free trial for a fixed period of ten (10) days.
21. Free trials are only available to new users, and are at our sole discretion, and if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
22. Any unused portion of your free trial period will be forfeited upon purchase of a subscription.
Last Updated: September 29, 2020