1. Acceptence

These Terms of Service (these “Terms”) govern your use of shredfitx.com (the “Site”) and/or the digital content products or digital software sold on the Site (the “App”). The Site and the App are collectively referred to herein as the “Platform.” These Terms have the force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term "us," "we" or "our" refers to the owners and operators of the Platform. The term "you" refers to the viewer of the Platform. Our Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Site. Your continued use of the Platform or services after any such change shall constitute your consent to such change. We don’t notify users about every change to these Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after that date, that constitutes your agreement to the updates. If you are using the Platform on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms, you must not accept these Terms and may not access and use the Platform.

IMPORTANT: REVIEW SECTION 14 BELOW. YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO ARBITRATE DISPUTES INSTEAD OF HAVING THEM RESOLVED BY A COURT. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL YOU MAY HAVE HAD. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST US.

2. NEUTRAL VENUE

a) Venue. The Platform is a marketing platform with various customizable instruments (extensions) for company owners and other users. Our Platform is a neutral venue. WE SHALL NOT BE HELD LIABLE FOR USERS’ DATA, TRANSACTIONS, INTERACTIONS AND INFORMATION. We are not liable for the consequences of a User disclosing User’s and/or any third-party’s personal information to others on the Platform whatsoever.
b) Interactive Features. The Platform includes interactive features that allow users to communicate with us and each other. You agree that, because of the limited nature of such communication, any guidance you may receive can be incomplete and may even be misleading. Therefore, any assistance you may receive using any our Platform’s interactive does not constitute specific advice and should not be relied upon without further competent independent confirmation.
c) Third Parties. The Platform may contain references to third party websites and rely on third party services for support. We shall not be liable for any third-party venues and cannot guarantee their performance. We do not monitor all content submitted to the Platform. We shall not be liable for user submissions or any third-party content on the Platform whatsoever.
d) No Professional Advice. Nothing on our Platform constitutes legal, career and/or any other type of professional advice on our part. Your use of the Platform does not form a medical-provider-patient, employer-employee and/or any other professional relationship between you and us

3. AFFILIATE DISCLOSURE

The Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. Your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions and/or experiences on everything you see on our Platform. We review all products we find useful, not just the affiliate ones. Any product claim, statistic, quote and/or other representation about a product and/or service should be independently verified with the vendor, manufacturer, expert, service provider or other party in question.

4. INTELLECTUAL PROPERTY

a) Our Intellectual Property. We and our content suppliers own all Intellectual Property rights in our Platform’s content, logos, trademarks (whether registered or unregistered) and data. Our Intellectual Property rights are protected by U.S. law and international Intellectual Property conventions. By using our Platform, you do not acquire any of our rights. "Intellectual Property" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. These Terms do not transfer to you any Intellectual Property owned by Good Vibe Products, LLC, or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Good Vibe Products, LLC. All trademarks, service marks, graphics and logos used in connection with the Platform, are trademarks or registered trademarks of Good Vibe Products, LLC, or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Platform may be the trademarks of other third parties. Your use of the Site and services grants you no right or license to reproduce or otherwise use any of Good Vibe Products, LLC, or third-party trademarks. You can view and print out this Platform’s content for your own personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.
b) Your Submissions. We do not own any data, information or material (collectively, "Content") that you submit on the Platform. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Site submitted or created by you using our Platform. You grant us permission. without compensation to you, to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing services to you. We can use and implement any feedback that you voluntarily provide, without compensation to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
c) Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to hello@shredfitx.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

Identify the copyrighted work that you claim has been infringed. Identify the material or link you claim is infringing.

Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of your report

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use)”

“I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

5. ACCEPTABLE USE POLICY

By visiting the Platform, you represent and agree that:

a) You are at least 18 years of age. You have a full capacity to enter into a legally binding agreement, such as these Terms.

b) If you create an account on the Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

c) We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

d) We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of these Terms or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our services. We may block your email address and Internet protocol address to prevent further registration.

e) If purchasing any service or thing, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.

f) You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.

g) If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other Content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. h) In addition to other terms as set forth in these Terms, you are prohibited from using the Platform or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; you will not send spam, anything defamatory, vulgar, racist, abusive or hateful; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Platform, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; (j) to interfere with or circumvent the security features of the Platform, third party products and services, or the Internet; (k) to disclose anyone's private information without their consent; (l) pyramid schemes, multilevel-marketing, "get rich quick" offerings; or (m) encouragement of violence. We reserve the right to terminate your use of the Platform for violating any of the prohibited uses. i) You will ask for our permission before copying anything from our Platform for republication.

j) You will not use our Platform for anything illegal.

k) We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.

l) Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.

m) You will not impede the proper functioning of the Platform.

n) Personal Use Only. You will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from the kit, except for your own personal, non-commercial use. You may post anything from the Platform onto public galleries or your personal blog, or submit creations to magazines or online publications, provided that the author and the kit name are properly attributed in the list of supplies.

o) No Redistribution. You may not reproduce, repackage, or redistribute any of the content on the Platform, in whole or in part, for any reason.

p) No Commercial Use. The content on the Platform may not be used for commercial purposes. For example, you may not do any of the following: use the Platform to sell a product or service; use the Platform to increase traffic to your Web site for commercial reasons, such as advertising sales. Any use of the Platform that infringes upon the intellectual property rights of Good Vibe Products, LLC, or that is for commercial purposes will be investigated, and the owner shall have the right to take appropriate civil legal action.

6. SERVICES OFFERED

Good Vibe Products LLC offers a variety of services through the Platform, which may include but are not limited to the following:

a) Meal Plans: Customized meal plans designed to support your fitness goals, such as weight loss, muscle building, or overall health improvements.

b) Workout Plans: Personalized exercise routines tailored to help individuals achieve their specific fitness goals, including weight loss, muscle gain, and improved cardiovascular health.

c) Fitness Consulting: Guidance and support on fitness strategies, goal setting, and tracking progress.

d) Nutritional Guidance: Advice on diet, nutrition, and supplementation to support overall health and fitness goals.

e) Supplement Consulting: Recommendations on supplements like creatine, BCAAs, whey protein, and other products, tailored to an individual’s goals and needs.

f) Biological Health Consulting: Recommendations based on biological markers, including bloodwork analysis, to provide personalized health strategies and supplement protocols that may address issues like hormonal imbalances, injury recovery, or energy optimization.

g) Diet, Exercise, Nutrition, Sleep, and Hydration Guidance: Comprehensive advice aimed at supporting healthy weight loss, muscle building, and general well-being.

IMPORTANT NOTICE

ALL THE SERVICES OFFERED ON THIS PLATFORM ARE FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE. IT IS ESSENTIAL THAT USERS CONSULT WITH A LICENSED PHYSICIAN OR HEALTHCARE PROVIDER BEFORE FOLLOWING ANY RECOMMENDATIONS OR USING ANY PRODUCTS, INCLUDING DIETARY SUPPLEMENTS. GOOD VIBE PRODUCTS LLC ASSUMES NO LIABILITY FOR ANY ACTIONS TAKEN BASED ON THESE RECOMMENDATIONS WITHOUT SUCH CONSULTATION. PLEASE REVIEW SECTION 10 (BELOW).

7. CONSULTATION AND MEDICAL PROCESS

BY USING ANY OF THE SERVICES PROVIDED ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO MEAL PLANS, WORKOUT PLANS, SUPPLEMENT CONSULTING, BIOLOGICAL HEALTH CONSULTING, AND NUTRITIONAL GUIDANCE, YOU EXPRESSLY AGREE AND CONFIRM THAT:

1. YOU HAVE CONSULTED WITH YOUR LICENSED MEDICAL PRACTITIONER OR HEALTHCARE PROVIDER. PRIOR TO USING OR FOLLOWING OR USING ANY ADVICE, RECOMMENDATIONS, PLANS, SERVICES OR PROTOCOLS OFFERED ON THIS PLATFORM.

2. YOUR MEDICAL PRACTITIONER HAS REVIEWED AND APPROVED THE USE OF SUCH SERVICES, ADVICE AND RECOMMENDATIONS AS SAFE AND APPROPRIATE FOR YOUR PERSONAL HEALTH AND MEDICAL CONDITION. 3. YOU HAVE THE RIGHT TO USE THE SERVICES, ADVICE AND RECOMMENDATIONS PROVIDED AND HAVE BEEN INFORMED BY YOUR MEDICAL PRACTITIONER THAT IT IS SAFE FOR YOU TO DO SO.

GOOD VIBE PRODUCTS LLC ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS TAKEN BASED ON OUR SERVICES WITHOUT PROPER CONSULTATION AND APPROVAL FROM A LICENSED HEALTHCARE PROVIDER AS FURTHER STATED IN SECTION 10 AND OUTLINED BELOW.

8. CONFIDENTIALITY

You cannot use or disclose any confidential information you are made privy to relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of any of our confidential information.

9. BREACH OF THESE TERMS

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; or (iv) take any other action available under law.

10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

a) EVERYTHING WE PROVIDE ON THE PLATFORM IS ON AN “AS IS” BASIS, TO BE RELIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANYTHING ON THE PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, AND UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. PRICES FOR OUR SERVICES, PRODUCTS, ETC. ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE RESERVE THE RIGHT AT ANY TIME TO MODIFY AND/OR DISCONTINUE THE SERVICES, PRODUCTS, ETC. WE OFFER (OR ANY PART OR CONTENT THEREOF) WITHOUT NOTICE AT ANY TIME. WE SHALL NOT BE LIABLE TO ANY USERS OF THE PLATFORM FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION AND/OR DISCONTINUANCE OF ANY SERVICES, PRODUCTS, ETC. WE OFFER.

b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GOOD VIBE PRODUCTS, LLC, ITS OWNERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF GOOD VIBE PRODUCTS, LLC. AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO THE AMOUNT BEING THE GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO GOOD VIBE PRODUCTS, LLC. FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO CERTAIN LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

c) WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.

d) We make no warranty that the Platform and services will meet your requirements, or that the Platform and services will be uninterrupted, timely, secure, or error-free; nor do we make any warranty as to the results that may be obtained from the use of the Platform or services or as to the accuracy or reliability of any information obtained through the Platform or services or that defects therein will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Platform or services is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download or use of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Platform or any transactions entered into through the Platform or services unless stated otherwise. No advice or information, whether oral or written, obtained by you from us or through the Platform or services shall create any warranty not expressly made herein.

e) Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to services descriptions, product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Platform is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform including, without limitation, pricing information, except as required by law.

f) THE CONTENT ON THE PLATFORM DOES NOT CONSTITUTE MEDICAL ADVICE OR OTHER PROFESSIONAL HEALTHCARE ADVICE. ALTHOUGH GOOD VIBE PRODUCTS, LLC PROVIDES ITS PRODUCTS AND SERVICES WITH YOUR HEALTH AND SAFETY IN MIND, EACH INDIVIDUAL HAS THEIR OWN LIMITATIONS AND IT IS THEREFORE CRITICAL THAT YOU CONSULT YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER FOR NECESSARY MEDICAL OR APPROPRIATE CARE, FOLLOW ALL SAFETY AND OTHER INSTRUCTIONS FROM YOUR PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER, AND OBTAIN APPROPRIATE AUTHORIZATION BEFORE ACCESSING OR USING ANY CONTENT, PRODUCTS, OR SERVICES ON THE PLATFORM, ESPECIALLY IF YOU ARE PRONE TO INJURIES, ARE PREGNANT OR NURSING, OR HAVE ANY OTHER UNIQUE OR SPECIAL MEDICAL CONDITIONS. ALL CONTENT, PRODUCTS, OR SERVICES ON THE PLATFORM IS PROVIDED FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY, AND IS NOT INTENDED TO DIAGNOSE ANY MEDICAL OR HEALTHCARE CONDITION, REPLACE THE ADVICE OF A LICENSED HEALTHCARE PROFESSIONAL, OR PROVIDE ANY MEDICAL ADVICE, OPINION, DIAGNOSIS, TREATMENT OR GUARANTEE. THE INFORMATION MADE AVAILABLE ON OR THROUGH THE PLATFORM SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL OR OTHER IMPORTANT HEALTHCARE DECISIONS. GOOD VIBE PRODUCTS, LLC DOES NOT PROVIDE CLINICAL SERVICES. THUS, IT IS EXTREMELY IMPORTANT THAT YOU CONSULT YOUR PHYSICIAN OR LICENSED HEALTHCARE PROVIDER IN CONNECTION WITH YOUR MEDICAL OR HEALTH CONDITION. YOUR USE OF THE CONTENT, PRODUCTS, OR SERVICES ON THE PLATFORM DOES NOT CREATE A DOCTOR-PATIENT, PROFESSIONAL-CLIENT, OR SIMILAR RELATIONSHIP BETWEEN YOU AND GOOD VIBE PRODUCTS, LLC.

g) ASSUMPTION OF RISK. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, EXERCISE, NUTRITIONAL, INSTRUCTIONAL GUIDANCE, AND SOFTWARE) MAY INVOLVE POTENTIALLY DANGEROUS AND PHYSICAL ACTIVITIES THAT MAY LEAD TO PERSONAL AND/OR BODILY INJURY, DEATH, TEMPORARY OR PERMANENT DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM, OR DAMAGE TO OR LOSS OF PROPERTY OR PRIVACY. YOU HEREBY ACKNOWLEDGE AND WILLINGLY ACCEPT THESE RISKS AND AGREE TO UNCONDITIONALLY RELEASE AND HOLD GOOD VIBE PRODUCTS, LLC HARMLESS FROM AND AGAINST ALL CLAIMS, SUITS, DAMAGES, LOSSES, CAUSES OF ACTION, COSTS, EXPENSES OR LIABILITY ARISING OUT OF OR RELATED TO YOUR ACCESS, USE AND/OR INVOLVEMENT WITH THE PLATFORM IN ANY WAY WHATSOEVER. THIS RELEASE SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF GOOD VIBE PRODUCTS, LLC AND ITS RESPECTIVE OFFCIERS, AGENTS, DIRECTORS, MANAGERS, EXMPLOYEES, CONTRACTORS, AFFILIATES, HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, EXECUTORS, SUCCESSORS AND ASSIGNS. USER ACKNOWLEDGES AND AGREES THAT USER HAS THE AUTHORITY TO RELEASE THE CLAIMS AND HAS NOT ASSIGNED OR TRANSFERRED ANY CLAIMS TO ANY OTHER PARTY.

h) RESULTS FOR INDIVIDUALS VARY DEPENDING ON AN INDIVIDUAL’S STARTING POINT, GOALS, AND EFFORT. EXERCISE AND PROPER DIET ARE NECESSARY TO ACHIEVE AND MAINTAIN WEIGHT LOSS AND MUSCLE DEFINITION. i) CONSULT YOUR PHYSICIAN AND FOLLOW ANY AND ALL SAFETY INSTRUCTIONS BEFORE BEGINNING ANY EXERCISE PROGRAM OR USING ANY SUPPLEMENT, NUTRITION PLAN, OR MEAL REPLACEMENT PRODUCT, ESPECIALLY IF YOU ARE PREGNANT, BREASTFEEDING, OR IF YOU HAVE ANY UNIQUE OR SPECIAL MEDICAL CONDITIONS. IF YOU BELIEVER THAT YOU MAY BE SUFFERING FROM ANY MEDICAL CONDITION, USER SHOULD SEEK IMMEDIATE MEDICAL ATTENTION FROM AN APPROPRIATELY QUALIFIED MEDICAL PRACTITIONER. USER SHOULD NOT RELY ON ANY INFORMATION PROVIDED ON THE PLATFORM IN MAKING MEDICAL DECISIONS WHATSOEVER.

j) THE PRODUCTS PROVIDED ON THE PLATFORM ARE ONLY INTENDED FOR HEALTHY ADULTS OVER THE AGE OF 18. BEFORE USING ANY PRODUCT ON THE PLATFORM, CONSULT WITH A LICENSED HEALTHCARE PROFESSIONAL. IMMEDIATELY DISCONTINUE USE OF ANY PRODUCT PROVIDED ON THE PLATFORM AND CONSULTANT WITH A LICENSED HEALTHCARE PROFESSIONAL IF YOU EXPERIENCE ANY ADVERSE EFFECT FROM THE USE OF A PRODUCT PROVIDED ON THE PLATFORM. THE STATEMENTS OF GOOD VIBES PRODUCTS, LLC ON ANY PRODUCT AND/OR THE PLATFORM HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION (“FDA”). THE PRODUCTS AND INFORMATION PROVIDED BY GOOD VIBES PRODUCTS, LLC ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE AND/OR PRVENT ANY DISEASE.

k) DRIVING. DO NOT USE THE PLATFORM IN ANY MANNER THAT DISTRACTS YOU FROM DRIVING OR IS ILLEGAL (E.G., IN JURISDICTIONS THAT DO NOT ALLOW THE USE OF MOBILE DEVICES WHILE DRIVING). WE SHALL NOT BE LIABLE FOR YOUR COMPLIANCE WITH ANY AND ALL TRAFFIC LAWS. SUPPLEMENT AND BIOLOGICAL HEALTH CONSULTING DISCLAIMER. ALL SUPPLEMENT RECOMMENDATIONS, BIOLOGICAL HEALTH CONSULTATIONS, CONTENT, PRODUCTS, OR SERVICES OFFERED THROUGH THE PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY OPINIONS, SUGGESTIONS, OR RECOMMENDATIONS PROVIDED MUST BE APPROVED BY A LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PRACTITIONER BEFORE BEING FOLLOWED OR IMPLEMENTED. IT IS THE USER'S SOLE RESPONSIBILITY TO CONSULT WITH THEIR DOCTOR OR HEALTHCARE PROVIDER TO ENSURE THAT ANY SUPPLEMENTATION OR HEALTH STRATEGY IS SAFE AND APPROPRIATE FOR THEIR SPECIFIC CONDITION. WE ARE NOT LICENSED MEDICAL PROFESSIONALS AND DO NOT OFFER MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ANY RECOMMENDATIONS MADE BY US MUST BE APPROVED BY YOUR HEALTHCARE PROVIDER, AND GOOD VIBE PRODUCTS, LLC ASSUMES NO LIABILITY FOR ANY ACTIONS TAKEN BASED ON SUCH RECOMMENDATIONS. ALWAYS SEEK THE GUIDANCE OF A QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR HEALTH OR A MEDICAL CONDITION.

11. THIRD PARTY SERVICES; ADVERTISEMENTS

Although the Platform may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Platform may be "affiliate links". This means if you click on the link and purchase an item or service, Good Vibe Products, LLC, will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Platform. Your linking to any other off-site resources is at your own risk. If you decide to enable, access or use third party services, you agree that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Good Vibe Products, LLC, with respect to such other services. Good Vibe Products, LLC, is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Good Vibe Products, LLC, to disclose your data as necessary to facilitate the use or enablement of such other service.

During your use of the Platform, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Platform. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

12. PAYMENTS, REFUNDS, CANCELLATIONS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. In compliance with our terms of use: Refunds will only be considered when requested within a twenty-four (24) hour period following the receipt of payment, subject to specific criteria applicable to certain products and/or services. We reserve the right, at our sole discretion, to decline any refund request in cases where a digital product or service has been delivered, or for other reasons determined at our sole discretion. We reserve the right to change products, services, refund policies and pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The purchase of digital products shall be governed by our Digital Product Terms and Conditions.

In the event of any conflict or inconsistency between the Digital Product Terms and Conditions and these Terms, these Terms shall prevail. All purchases of digital products are governed by our Digital Product Terms and Conditions, provided that those terms do not conflict with these Terms.

13. INDIMNIFICATION

You agree to defend, indemnify and hold harmless our company, its owners, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any and all third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to (i) your Content, (ii) your use of the Platform or services; (iii) any willful misconduct on your part, (iv) your violation of any provision of these Terms and/or any applicable law, statute, rule, regulation, etc.; (v) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (vi) any claim that one of your user submissions caused damage to a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses

14. ARBITRATION; CLASS ACTION WAVIER

a) Arbitration. If a dispute arises from or relates to these Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to resolve the controversy or claim arising out of or relating to this contract, or breach thereof in binding, non-appealable arbitration administered by the American Arbitration Association in accordance with its commercial and fast track arbitration rules and pursuant to the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (and all amendments and successor statutes thereto, if any). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be held in Denver County, Colorado or any adjacent counties to Denver County, Colorado and shall be governed by the laws of the State of Colorado (excluding its choice of law rules) and, as may be applicable, the laws of the United States. The number of arbitrators shall be one. The language of the arbitration shall be English. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. YOU UNDERSTAND THAT THIS SECTION MEANS THAT, BY USING THE PLATFORM, YOU AGREE TO ARBITRATE, THUS WAIVING YOUR RIGHTS TO SUE IN COURT AND HAVE A JURY TRIAL. Notwithstanding the foregoing, any dispute, claim or controversy under $10,000,000 in value arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by FairClaims (www.fairclaims.com) in accordance with its FastTrack Rules & Procedures effective at the time a claim is made, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties consent to electronic service of process, with service to be made to the email addresses designated by the parties. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for all attorney, court or other fees and costs associated with such action.

b) CLASS ACTION WAIVER. YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND WE OTHERWISE AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF ANY CLASS OR REPRESENTATIVE PROCEEDING.

15. APPSTORES

a) Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:

i. Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.

ii. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.

iii. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.

iv. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

v. In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim. vi. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

vii. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof. b) Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that: i. to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and ii. you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms.

GENERAL

a) Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form. b) Relationship of the Parties. We and you are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement. c) Force Majeure. We will not be liable for failure to perform any obligations to the extent that the failure is caused by a Force Majeure event such as, without limitation, act of God, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, or acts or regulations of national or local governments. d) Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none. e) Severability. All rights and restrictions contained in these Terms may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect. f) Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms. g) Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us. Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.

16. CONTACT US

If you would like to contact us to understand more about these Terms or wish to contact us concerning any matter relating to it, you may do so via the contact form on our website, or send an email to hello@herbsandfit.com or write a letter to: Good Vibe Products, LLC, PO Box 1959, Parker, CO 80134.