Terms and Conditions

Welcome to Fit By Fruit LLC (“Company”, “we”, “our”, “us”). These Terms and Conditions (“Terms”) govern your use of our website, online weight loss program, coaching, and any digital products, whether provided for free or for a fee (“Service”, "product"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our Service.

By using this Service, you agree that you have consulted with a physician or other medical provider and you are healthy enough to participate in the Services.

By using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.The Service provides health, fitness, and nutritional information for educational purposes only and is not intended as medical advice. You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, you should stop immediately. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK AND THAT FIT BY FRUIT LLC IS NOT RESPONSIBLE FOR ANY INJURIES OR HEALTH ISSUES THAT MAY RESUlt.We reserve the right to modify these Terms at any time. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms.

You agree to use the Service only for lawful purposes. You agree not to use the Service for any illegal or unauthorized purpose. You agree not to modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with our Service.

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. We reserve the right to change our prices at any time.

All content provided on the Service, including but not limited to meal plans, recipes, tutorials, tips, exercise routines, and exercise tutorials, is the intellectual property of Fit By Fruit LLC. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service.

We reserve the right to terminate or suspend your account and access to the Service at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason.Any disputes arising out of or relating to these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Any arbitration will be brought in Refugio County, Texas. You agree to waive your right to a jury trial and to participate in a class action lawsuit.

To the fullest extent permitted by law, Fit By Fruit LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; (e) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the Service.These Terms will be governed by and construed in accordance with the laws of the State of Texas, without regard to its choice or conflict of law principles.The Service provides general information about health, nutrition, and fitness. It is not intended to replace medical advice, diagnosis, or treatment. Always seek the advice of your physician or another qualified health provider with any questions you may have regarding a medical condition. You understand and agree that participation in any diet or exercise program can involve risks of injury. YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH THE USE OF OUR SERVICE.All content provided in the Service is protected by copyright law. Unauthorized use, reproduction, or distribution of the content is strictly prohibited and may result in legal action. You agree not to copy, reproduce, distribute, or create derivative works from any content without our express written consent. We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal, non-commercial use.

You agree to indemnify, defend, and hold harmless Fit By Fruit LLC and its affiliates, officers, agents, and employees from any claim, demand, damages, or losses, including reasonable attorneys’ fees, arising out of or related to your use of the Service or your violation of these Terms. By using our Service, you release Fit By Fruit LLC, its employees, contractors, and affiliates from any and all liability, claims, demands, or causes of action arising out of or related to your use of the Service, including but not limited to any injuries, damages, or losses.

Any advice provided during a pre-purchase call is intended for informational purposes only and does not constitute medical advice. You should always consult with a qualified healthcare professional before making any significant changes to your diet or exercise routines. Any advice provided during a pre-purchase consultation call is intended for informational purposes only and does not constitute medical advice. You should always consult with a qualified healthcare professional before making any significant changes to your diet or exercise routines. By participating in a pre-purchase consultation call, you acknowledge and agree that Fit By Fruit LLC and its representatives are not responsible for any adverse effects or consequences resulting from the use or misuse of any information provided.Separability Clause:If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability will not affect the remaining provisions of these Terms, which will remain in full force and effect.Entire Agreement Clause:These Terms constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, between the parties with respect to such subject matter. We reserve the right to modify or amend these Terms at any time without prior notice to you. Any such modifications or amendments will be effective immediately upon their creation. It is your responsibility to stay informed of any changes to these Terms. Your continued use of our Service after any changes to these Terms constitutes your acceptance of the new Terms.

The Company reserves the right to discontinue, modify, or terminate the Product at any time without prior notice. In the event of Product discontinuation, we will provide a 30-day notice to you via email or through the Product interface. During this period, you are advised to download or save any necessary content or data associated with the Product. Upon discontinuation: Access to the Product may be terminated. We shall not be obligated to provide refunds, credits, or other compensation. We will not be liable for any loss of data or inconvenience caused by the discontinuation. You acknowledge that your purchase does not guarantee perpetual access to the Product. Our sole liability in the event of discontinuation shall be to provide you with the aforementioned 30-day notice. This clause shall survive the termination of the agreement between you and the Company.

Attorney Fee Provision Clause: In the event of any dispute, litigation, or legal proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs incurred, in addition to any other relief to which such party may be entitled.NOTWITHSTANDING THE FOREGOING, WE CANNOT AND DO NOT GUARANTEE THAT YOU WILL ATTAIN A SPECIFIC OR PARTICULAR RESULT, AND YOU ACCEPT THE RISK THAT RESULTS DIFFER FOR EACH INDIVIDUAL. THE HEALTH, FITNESS, AND NUTRITION SUCCESS DEPENDS ON EACH INDIVIDUAL’S BACKGROUND, DEDICATION, DESIRE, AND MOTIVATION. AS WITH ANY HEALTH-RELATED PROGRAM OR SERVICE, YOUR RESULTS MAY VARY, AND WILL BE BASED ON MANY VARIABLES, INCLUDING BUT NOT LIMITED TO, YOUR INDIVIDUAL CAPACITY, LIFE EXPERIENCE, UNIQUE HEALTH AND GENETIC PROFILE, STARTING POINT, EXPERTISE, AND LEVEL OF COMMITMENT. YOU UNDERSTAND AND AGREE THAT THERE IS NO GUARANTEE THAT YOU WILL SEE POSITIVE RESULTS USING THE TECHNIQUES AND MATERIALS PROVIDED IN THE SERVICE. FIT BY FRUIT LLC ASSUMES NO MANAGEMENT RESPONSIBILITY FOR YOUR DECISIONS OR PRACTICES THAT YOU IMPLEMENT BASED ON THE SERVICE. FIT BY FRUIT LLC MAKES NO GUARANTEE ABOUT YOUR FUTURE SUCCESS BASED ON YOUR USE OF THE SERVICE. FIT BY FRUIT LLC DISCLAIMS LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AND ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY ANY PERSON AS A RESULT OF USE OF THE INFORMATION PROVIDED IN THE SERVICE.

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Liability Waiver 

This Liability Waiver and Release Agreement (the "Agreement") is entered into by and between Fit By Fruit LLC ("Company") and the participant ("Participant"). By checking the box on the “Consultation Call” form, by participating in a coaching service, or by purchasing any digital products, Participant agrees to the terms and conditions set forth below regarding their participation in the Company's nutrition and exercise coaching program and any digital products (the "Program"). Participant acknowledges that participation in the Program involves physical activity and changes to dietary habits, which carry inherent risks, including injury, illness, or death. Participant assumes all risks associated with participation in the Program. The nutrition and exercise advice provided in the Program is not intended as a substitute for professional medical advice, diagnosis, or treatment. Participant should consult their physician or healthcare provider before starting the Program, especially if they have any medical conditions or are taking medications. Participant agrees to release, waive, discharge, and hold harmless the Company, its owners, employees, agents, and representatives from any and all claims or liabilities arising out of Participant's participation in the Program, including personal injury, property damage, illness, or death. Participant understands that the Company does not guarantee specific results from participation in the Program. Results may vary based on individual effort and other factors. This Agreement shall be governed by and construed in accordance with the laws of the state of Texas. Participant acknowledges that they have read, understood, and agree to the terms of this Liability Waiver and Release Agreement.