Terms & Conditions
Terms and Conditions of Use of the Fibro Fix App
Please read these Terms and Conditions of Use (these “Terms”) carefully before using the Fibro Fix Mobile App (“Fibro Fix Mobile” or the “App”).
Fibro Fix Mobile includes any program or service accessed or used via your mobile telephone and the software modules operating within Fibro Fix’s mobile environment and appearing on your mobile device that provide you access to a variety of content and services.
By using Fibro Fix Mobile, you agree to these Terms. If you do not agree to all of these Terms, do not use Fibro Fix Mobile.
Formulated Nutriceuticals, LLC (“Fibro Fix”) may revise and update these Terms at any time. Your continued usage of Fibro Fix Mobile will mean you accept any such changes.
· License; Liability of Fibro Fix and Its Licensors
· Relationship with Apple
Fibro Fix Mobile Does Not Provide Medical Advice
The contents of Fibro Fix Mobile, such as text, graphics, images, information obtained from Fibro Fix’s licensors and other material contained on Fibro Fix Mobile (collectively, the “Content”) are for informational purposes only and are not intended to replace the services of a doctor or other qualified medical professional. You should not use any such information or opinions for diagnosing, treating, curing or preventing any medical or health condition. The Content is not intended to constitute, nor should it be considered to be, medical advice or to serve as a substitute for professional medical advice. Your use of the Content is solely at your own risk.
If you think you may have a medical emergency, call your doctor or your local emergency number immediately.
Fibro Fix diet plans are not recommended for everyone, and before commencing a Fibro Fix diet plan or any other nutritional or dietary regimen, you should consult with your qualified health care provider in order to assess any potential benefits or risks to you with consideration of your personal medical situation. Do not undertake a Fibro Fix diet plan if you are under the age of 21 or are pregnant, breast-feeding or actively trying to become pregnant. Should you experience any adverse reactions during a Fibro Fix diet plan, contact your health care provider immediately.
As all information presented in connection with our Fibro Fix diet plans, or otherwise contained on Fibro Fix Mobile, is only of a general character, no individual results or health effects from a Fibro Fix diet plan can be guaranteed, predicted or foreseen. No statements made in connection with any Fibro Fix diet plan, or otherwise contained on Fibro Fix Mobile, have been evaluated by the U.S. Food and Drug Administration or any other domestic or foreign government agency for their accuracy
We are committed to protecting the privacy of children. Fibro Fix Mobile is not intended or designed to attract children under the age of 13. Fibro Fix does not collect personally identifiable information from any person we actually know is under the age of 13.
Use of Content
Fibro Fix authorizes you to view or download a single copy of the material on Fibro Fix Mobile solely for your personal, noncommercial use if you include the following copyright notice: [“Copyright © Fibro Fix Holdings Pty. Ltd. All rights reserved”] and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on Fibro Fix Mobile may be included elsewhere within Fibro Fix Mobile and are incorporated into these Terms by this reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Fibro Fix or its licensors, as applicable. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. The Content and features are subject to change or termination without notice in the sole discretion of Fibro Fix. All rights not expressly granted herein are reserved to Fibro Fix and its licensors.
If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
License; Liability of Fibro Fix and Its Licensors
The use of Fibro Fix Mobile and the Content is at your own risk.
Subject to these Terms, Fibro Fix hereby grants you a personal, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License”) to install and use one copy of the App on an iPhone, iPod Touch, iPad or other applicable device manufactured by Apple, Inc. (“Apple”) that you own or control and only as permitted by the usage rules set forth in the Apple App Store Terms of Service, effective as of the date that you accept these Terms, which you acknowledge you have had the opportunity to review and understand.
Fibro Fix and you acknowledge that in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement or discharge of any intellectual property infringement claim.
IN THE EVENT OF ANY FAILURE OF THE APP TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE YOU PAID, IF ANY, FOR THE APP TO YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE FIBRO FIX’S SOLE RESPONSIBILITY SUBJECT TO THESE TERMS.
When using Fibro Fix Mobile, information will be transmitted over a medium that may be beyond the control and jurisdiction of Fibro Fix and/or its suppliers. Accordingly, Fibro Fix assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of Fibro Fix Mobile.
Fibro Fix Mobile and the Content are provided on an “as is” basis.
FIBRO FIX, ITS LICENSORS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Fibro Fix, its licensors and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of Fibro Fix Mobile or Fibro Fix.
In no event shall Fibro Fix, its licensors, its suppliers or any third party mentioned on Fibro Fix Mobile be liable for any damages (including, but not limited to, incidental and consequential damages, personal injury, wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use Fibro Fix Mobile or the Content, whether based on warranty, contract, tort or any other legal theory, and whether or not Fibro Fix, its licensors, its suppliers or any third party mentioned on Fibro Fix Mobile are advised of the possibility of such damages. Fibro Fix, its licensors, its suppliers or any third party mentioned on Fibro Fix Mobile shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$100.00. Fibro Fix, its licensors, its suppliers or any third party mentioned on Fibro Fix Mobile are not liable for any personal injury, including death, caused by your use or misuse of Fibro Fix Mobile or the Content. Any claims arising in connection with your use of Fibro Fix Mobile or any Content must be brought within one (1) year of the date of the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
By accepting these Terms you hereby waive, to the extent legally permitted, any applicable law requiring that these Terms be localized to meet your language or other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Relationship with Apple
Both Fibro Fix and you acknowledge that:
- These Terms are concluded between Fibro Fix and you only, and not with Apple.
- As between Fibro Fix and Apple, Fibro Fix is solely responsible for the App.
- Apple and its subsidiaries are third party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
Fibro Fix, and not Apple, is responsible for addressing any questions, comments or claims relating to Fibro Fix Mobile and your possession and use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that Fibro Fix Mobile fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. If you have any questions, complaints, or claims regarding Fibro Fix Mobile, please contact us at the address set forth below.
Except as required by applicable law, Fibro Fix is not obligated to maintain or support Fibro Fix Mobile. Both Fibro Fix and you acknowledge that Apple has no obligation to provide you with any maintenance and support services with respect to Fibro Fix Mobile.
Any information or material submitted or sent to or via Fibro Fix or Fibro Fix Mobile will be deemed not to be confidential or secret. By submitting or sending information or other material to or via Fibro Fix or Fibro Fix Mobile you represent and warrant that the information is original to you and that no other party has any rights such information or material. All submitted content may be edited for any purpose.
By communicating with or via Fibro Fix or Fibro Fix Mobile, you grant Fibro Fix a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use and exploit such content, information or material, in any form, media, or technology now known or later developed. For clarity, and without derogating from the generality of the previous sentence, by posting content, including but not limited to written text, images, audio files and moving pictures, to or via Fibro Fix or Fibro Fix Mobile you agree to the publication of that content or excerpts thereof by Fibro Fix in any other media, including, but not limited to, websites, books, brochures, dvds and films that are produced by Fibro Fix or Fibro Fix or any of its affiliates and subsidiaries. No compensation for such reproduction of content is owed unless specifically agreed to by Fibro Fix in writing.
By submitting any content to or via Fibro Fix or Fibro Fix Mobile, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to submit media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms or any of Fibro Fix’s other policies posted on the its web site.
If you submit any business information, idea, concept or invention to or via Fibro Fix or Fibro Fix Mobile, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Fibro Fix a royalty-free, perpetual, irrevocable, worldwide, sub-licensable, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them.
Advertisements, Searches and Links to Other Sites
Please be aware that if you use a mobile device to access Fibro Fix’s web site or any other Fibro Fix web site, either via Fibro Fix Mobile or otherwise, then such use of that site will be subject to that site’s Terms of Service which can be viewed at: www.fibrofix/terms-of-service.
Fibro Fix may provide links to third party web sites. Fibro Fix also may select certain sites as priority responses to search terms you enter and Fibro Fix may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. Fibro Fix does not recommend and does not endorse the content on any third party web sites. Fibro Fix is not responsible for the content of linked third party web sites, sites framed within Fibro Fix Mobile, third party web sites provided as search results or third party advertisements, and does not make any representations regarding their content or accuracy. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such sites. Fibro Fix does not endorse any product, service or treatment advertised on such sites.
You agree to defend, indemnify and hold Fibro Fix, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising from or in connection with (i) your use or misuse of Fibro Fix Mobile, (ii) the distribution or transmission of any content or other materials by you or users authorized by you or (iii) any violation of these Terms by you. Fibro Fix reserves the right to assume the exclusive defense and control of any matter subject to such indemnification and you agree to cooperate with Fibro Fix in asserting any available defenses.
You expressly agree that the Terms shall be governed in all respects by the laws of the State of Florida without regard to its or any other jurisdiction’s conflicts of law rules. You further agree that exclusive jurisdiction for any claim or dispute with Fibro Fix arising out of or relating in any way to these Terms or your use of Fibro Fix Mobile shall reside in the courts of the City of New York in the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the City of New York in the State of New York in connection with any such dispute. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of Fibro Fix Mobile must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice and Takedown Procedures; Copyright Agent
If you are a copyright owner or an agent thereof and believe that any content on Fibro Fix Mobile infringes upon your copyrights, you may submit a notification to our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Fibro Fix to locate the material (e.g., by providing a URL);
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Fibro Fix’s agent for copyright issues is as follows:
Formulated Nutriceuticals, LLC
6 Commerce Blvd.
Palm Coast, FL 32164
The section titles in these Terms are for convenience only and have no legal or contractual effect.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.
These Terms are effective until terminated by you or Fibro Fix. If you no longer agree to be bound by these Terms, you must immediately cease your use of Fibro Fix Mobile. Subject to applicable law, Fibro Fix reserves the right to suspend or deny, in its sole and absolute discretion, your access to all or any portion of Fibro Fix Mobile with or without notice. You agree that any termination of your access to Fibro Fix Mobile may be effected without prior notice, and acknowledge and agree that Fibro Fix may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or Fibro Fix Mobile. Further, you agree that Fibro Fix and its affiliated entities shall not be liable to you or any third-party for any termination of your access to Fibro Fix Mobile.
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fibro Fix without restriction.
Thank you for your cooperation. We hope you find Fibro Fix Mobile helpful and convenient to use. Questions or comments regarding Fibro Fix Mobile, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:
Formulated Nutriceuticals, LLC
6 Commerce Blvd.
Palm Coast, FL 32164
Last updated: June 7, 2016
©2016 Formulated Nutriceuticals, LLC. All rights reserved.