In using this website and by signing up and/or logging in to use Content Engine / The Content & Marketing Club you are deemed to have read and agreed to the following terms and conditions:

1. The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: "Client" (also herein, “You”, “Your”, “User”, “Member” that also here and elsewhere may be referred to as “Visitor”, “Subscriber”, or “Customer”), refers to you, the person using the site https://go.fitproessentials.com/content-social-media-club and who will be accessing the membership site at www.contentandsocialmediaclub.com and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our", and "Us", refers to our Company, Fit Pro Essentials, INC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Both the Company and Client agree to respect each other and each other’s property while and after you are using our website, pages and other information published through www.contentandsocialmediaclub.com The term “you” also includes, as applicable, any company, group or organization you may represent, which also is bound hereby, jointly and severally with you as an individual, with your attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

2. Privacy Statement: We are committed to protecting your privacy. Authorized team members within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

3. Terms: By accessing your membership at www.contentandsocialmediaclub.com, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the membership site. The materials contained on both https://go.fitproessentials.com/content-social-media-club and www.contentandsocialmediaclub.com are protected by applicable copyright and trade mark law.

4. User License: The Content provided as part of Content Engine / The Content and Marketing Club is available ONLY for fitness pros, health coaches, and wellness pros to use in their own business, and can be used without attribution requirements, without restrictions and free from both royalty and copyright restrictions. 

Your username and password are for your use only. If you work with a Virtual Assistant or use outside services that will need access to Club content, please see "5. Virtual Assistants & External Services" below for more information.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

7. Exclusions and Limitations: The information on www.contentandsocialmediaclub.com, its pages and its bot chats is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

• excludes all representations and warranties relating to this website, its pages, and its contents, or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
• excludes all liability for damages arising out of or in connection with your use of this website or content used by a customer. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
• further, Fit Pro Essentials, INC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials or otherwise relating to such materials.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

8. No FDA Evaluation: As applicable, the advice shared on this site has not been evaluated by the US Food & Drug Administration (FDA) or Health Canada. The products and methods mentioned or recommended on this site are not intended to diagnose, treat, cure or prevent any illness or disease, nor are the products and methods intended to replace proper medical help.

9. Trade Disclosures: This website and its information are written, edited and published by the Company, which claims sole and exclusive ownership of its content. For questions about this website or its content, please contact us using the following email address: support@fitproessentials.com.  Any claim, statistic, quote or other representation about a product, service, or study should be verified with the manufacturer, provider or party in question.

10. Copyright & Trademark Notice: Unless otherwise specified, all materials appearing on this site, without limitation including the text, site design, logos, graphics, icons, videos and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Company, Copyright © 2019, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of reading the information on this site, for your own education, for shopping on this site, for placing an order through this site, for using the downloadable content as outlined above in the "User License" section, and for no other purpose. No other materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

11. Other Terms & Conditions: Anyone subscribing to our website or using any of our programs, posts or pages is also agreeing to these Terms and Conditions, and any user providing us their email address in exchange for our delivering any content to them personally or who is registering for one or more of our webinars or videos also is assenting and agreeing to receive emails from us on a regular basis. Any of our subscribers may unsubscribe at any time by reply email if the email was sent directly by us or one of our staff (including “unsubscribe” in the subject line), or otherwise by unsubscribing by clicking the link or button provided in the footer of our emails.

We love our subscribers and will not sell, lease or distribute your email address or any other information to any third parties unless we have your permission or are required by law to do so. These terms and conditions will supersede any previous terms and/or conditions you may have copies of in any form, regardless of whether we or you have signed them or not. We reserve the right to make changes to this site and these terms and conditions at any time.

12. Billing: If paying by debit card or credit card, you give Us, as the merchant, permission to automatically charge your credit or debit card through Stripe as payment for your Content Engine / Content and Marketing Club membership without any additional authorization, for which you will receive an electronic receipt. This means that we are establishing a billing agreement between You and Us (Fit Pro Essentials, INC, PO BOX 4682 Winter Park, Florida 32793 United States) where you consent to allow us to bill you on a monthly recurring basis. This means You authorize us (Fit Pro Essentials, INC) to charge your payment method through Stripe for a transaction and any other subsequent transaction can be derived from the same billing agreement. You acknowledge that the amount billed each time may vary for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding an order, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges.

You agree that you are financially willing and able to make payment by choice, and that by so doing, you are not incurring any economic hardship in any way. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise your purchase of the Monthly Content and Social Media Club Program will not continue and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from the Monthly or Annual Content Engine / Content and Marketing Club Program at any time or for any reason whatsoever, you still will remain fully responsible for the full investment.

All information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Monthly Content and Social Media Club Program for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes. 

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Monthly Content and Social Media Club Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company and your agreement with us will automatically terminate upon such attempt to seek a chargeback from your credit card company. You will remain responsible for payment in full for the Content Club Program which you have purchased.

In the event that a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.

If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Content Engine / Content and Marketing Club Program (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a Merchant.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Monthly Content and Social Media Club Program, you may be subject to the additional terms and conditions of a payment processing company, Merchant, or use that specifically applies to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Monthly Content and Social Media Club Program.

13. Cancellation: You can cancel your monthly or annual membership anytime with a 14-day notice. For monthly memberships, cancelations will be effective 14 days from when you notify us that you would like to cancel your membership. If you wish to cancel your billing agreement, simply click the "Your Orders & Subscription" tab, and click the cancellation button to proceed with the cancellation process. If you prefer, you can also email our support team directly at Support@FitProEssentials.com to request your cancellation.

14. Refunds: We do have a 100% Money-Back Guarantee for monthly and annual memberships, but only for a limited time. If for any reason you are not happy with your monthly or annual Content Engine / Content and Marketing Club Program within the first 14 days of purchasing and enrolling in the Program, our 100% Money Back Guarantee (also known as our 100% Happiness Guarantee) is that you may cancel and request a refund during your first 14 days after your initial purchase and enrollment in the Program. You may contact Us directly at Support@FitProEssentials.com to request a refund, or use the form provided inside the membership site on the FAQ page. After the 14th day following your initial purchase and enrollment, no refunds will be issued for any reason. We do NOT offer refunds for Lifetime memberships given the nature of that membership option. All sales are final for lifetime memberships.

15. Account Creation: In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you provide will always be current, correct and complete. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

16. Limitations: In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on www.contentandsocialmediaclub.com pages, even if an authorized representative of the company has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

17. Availability: You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs, and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents, and affiliates against any loss or damage, in whatever manner, howsoever caused.

18. Indemnification: User agrees to defend, indemnify and hold harmless the Company, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of the Company’s content and information and from user’s breach of any of the terms contained in this agreement.

19. Arbitration & Relief in Equity: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration in Orlando, Florida. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit the Company from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.

20. Severability, Interpretation, and Governing Law: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity or vagueness of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement. This agreement shall be construed under the laws of The United States Of America without regard to conflicts of law principles.

21. Cookie Policy: We may collect data about you by you providing the data directly to us (for example by filling in forms on our site or by sending us emails). We may automatically collect certain data from you as you use our website by using cookies and similar technologies. Please see our cookie policy for more details about this: https://fitproessentials.com/cookie-policy

We may receive data from third parties such as analytics providers such as Google based outside the EU, advertising networks such as Facebook based outside the EU, such as search information providers such as Google based outside the EU, providers of technical, payment and delivery services, such as data brokers or aggregators.

22. Counterparts: This agreement, and any other agreements we may enter into with you later, may be executed in several counterparts or by separate actions between or among its parties, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement It’s understood that your accessing and using the information on this website constitutes your complete assent, and, as applicable, the assent of the company, group or organization you represent, to all of these terms and conditions, which shall be considered valid, binding and effective for all purposes.

23. Survival: All obligations of the parties hereto contained in this agreement shall survive the expiration or termination of this agreement.

24. Notification of Changes: The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.

END OF TERMS & CONDITIONS & USER AGREEMENT

UPDATED 6/2/24