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Terms & Conditions

 

 

Terms & Conditions

Updates

These terms of use are subject to change at any time at the sole discretion of the Site Owner and Operator. Please check back regularly for updates.

Terms of Use

Fibromyalgia Pain Center LLC  and all of its site pages are available for your use on the condition that you agree to our terms of use, conditions, and notices (the Terms) without modification. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using our site, you signify your consent and are agreeing to the terms of use that we may modify with or without notice. By visiting our site after updates have been made, you agree to the new terms regardless of whether you have reviewed them or been notified about them. 

If you choose not to accept these Terms of Use, please do not use this site. 

Owners and Collectors Information

These terms of use apply to your use of all the sites and services owned, hosted, or operated by Fibromyalgia Recovery Coach (collectively “we”, “us”, “our”), including www.fibromyalgiarecoverycoach.com (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification between you and the Site are superseded and of no force or effect:

  1. You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials made available on the Site 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 Fibromyalgia Recovery Coach (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 the Company expressly grants written permission. 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, 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, images, and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark Fibromyalgia Recovery Coach, are the property of, or used with permission by, the Company. It is strictly prohibited using Content by you unless 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 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 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 or in any Content in any way, you may notify the Company at fibromyalgiarecoverycoach.com. Please provide your name and contact information and the nature of your work. 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.

 

Affiliate Disclaimer

From time to time, Fibromyalgia Recovery Coach will provide affiliate links to help you easily find the resources, tools, products, programs, and/or services mentioned in our content. Fibromyalgia Recovery Coach may earn a commission by recommending and sharing links for various helpful tools, products, services, and programs. When the viewer uses the links provided, the minimal commission we receive is of no cost to you and is greatly appreciated because it supports the growth of our company! In saying that, the viewer is in no way obligated to use the provided links. 

 Furthermore, any links that lead to products or services shall be assumed as affiliate links for which the Company receives compensation. 

The Company uses affiliates to help our brand grow, and we only recommend products, programs, services, tools, and resources that we HAVE USED AND LOVE.

Fibromyalgia Recovery Coach also has affiliate partners to support the growth of our business. Any person sharing a referral with you to purchase products, programs, and services from Fibromyalgia Recovery Coach may be receiving compensation from the Company, and this should be noted in their disclaimers. 

 The company is involved in affiliate marketing programs such as Amazon and more. For any recommendation, review, affiliate link, or other influencing type, the Company shall be assumed to receive compensation. 

The Site contains no content that would be a conflict of interest.

 

 Accuracy and Advice

While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, 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 Site's content. The Company does not suggest that any of our information is better than the use of professional experts and services in any field including, but not limited to, medical, legal, financial, or psychological matters.

 Consent To Contact

When you register with the Company and/or this Site, 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.

 Submissions

If you send comments or suggestions about the Site 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.

 

Privacy

  1. We, the Company, use reasonable efforts to protect your privacy and security and restrict unauthorized access to our data and files as much as possible. 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. Use of the Site is completely at your own risk.
  2. 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, you signify your acceptance of the Company’s Privacy Policy, CLICK HERE FOR PRIVACY POLICY. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
  3. We, the Company, use reasonable efforts to ensure that we comply with General Data Protection Regulation (GDPR) (UK). The Company is committed to compliance through data mapping to show how information moves through our organization, an excellent privacy policy, and training to ensure that the Company adheres to all sections.

 

Limitation of Liability

NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE 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. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, 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 OR THE COMPANY’S TECHNOLOGY OR SERVICES. You accept all responsibility for evaluating your own healing potential. The Company does not warrant that use of the Site or any of its materials will be uninterrupted or error-free, that defects will be corrected, or that any materials available on the Site are free from bugs or other harmful components. You assume all costs of necessary repairs or corrections. The Company is not responsible for performance or service problems caused by a third-party entity or service provider. Any such issue shall be governed solely by the agreements between you and that entity. Please note that applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

 

The Company also reserves the right to limit your use of the Site 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 Company’s Content, products, and/or services to anyone in its sole discretion. In no event is the Company liable for any foreseeable damages, including, but not limited to, damage or loss of property or capital in any way, occasioned by any defect in the Site, the Content, and/or related materials. This limitation applies even if the Company had been advised or is aware of the possibility of such damages.

 

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, payment services (ie stripe/paypal/etc), 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.

 

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, 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.

 

Miscellaneous

  1. 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, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site 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.
  2. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  3. This agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, 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 Iowa County, Wisconsin. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

 Last Updated: August 15, 2023

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