Terms and Conditions
The following terms and conditions (these “Terms and Conditions”), govern your access to and use of the Fordyce Consulting Group platform, Site & Application, including any content, functionality, and services offered on or through www.fordycecg.com (collectively, the “Site or website”)
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules, and regulations. If you violate any restrictions in these terms, you agree to indemnify Fordyce Consulting Group for any losses, costs, or damages, including reasonable legal fees, incurred by Fordyce Consulting Group in relation to, or arising out of, such a breach.
ACCEPTANCE OF TERMS
In these Terms, “you” and “your” refer to the individual or entity that uses the Site, or Services. “We”, “us”, or “our” refer to Fordyce Consulting Group and the coach who provides fitness and nutritional coaching services to users on the site. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
ABOUT Fordyce Consulting Group
Fordyce Consulting Group is a corporation carrying on its business activities at California, United States. Fordyce Consulting operates a high-tech consulting platform via www.fordycecg.com. We specialize in providing cutting-edge technological solutions, digital downloads, and software services. Our offerings include advanced software development, digital solutions, and innovative technologies that empower businesses. We are committed to delivering exceptional quality and ensuring a seamless user experience.
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents, and/or other services offered by Fordyce Consulting Group via the website; www.fordycecg.com
(b) The subscription to any of the advanced software development, digital solutions, and innovative technologies displayed on the website.
TRADEMARKS AND COPYRIGHTS
You agree that all content appearing on this Website, including but not limited to trademarks, service marks, trade names, graphics, images, text, audio clips, videos, button icons, digital downloads, data compilations, and computer software, are the sole property of Fordyce Consulting Group or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Fordyce Consulting Group and protected by United States and international laws. All software used on this site is the property of Fordyce Consulting Group or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the Fordyce Consulting Group Website for its intended purpose, which is for your use only as a consumer. Any other use, including but not limited to reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this Website or the exploitation in any other manner of any of the content of this Website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property, or content from this Website is strictly prohibited.
When you purchase digital downloads or software from Fordyce Consulting Group or an authorized affiliate selling Fordyce Consulting Group design collections, you have been granted certain rights and privileges. The content, including advanced software development, digital solutions, and innovative technologies, is copyrighted, and the licensing rights are granted to you exclusively, but no one else.
You are strictly prohibited from copying, sharing, or selling the digital files, including but not limited to email or any other electronic transmission. Even if a digital download or software is provided to you for free, you do not have the right to copy, share, or sell the content as stated herein. Each individual must acquire their own rights to the material..
THIRD PARTY WEBSITES
You agree that Fordyce Consulting Group encourages you to exercise discretion when browsing the internet. Our website, products, or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. Fordyce Consulting Group and its affiliates make no representation or warranty about the legality of any third-party website nor about its accuracy, content, products, or services. Any such website is independent from Fordyce Consulting Group, and Fordyce Consulting Group has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between Fordyce Consulting Group and another website further does not mean that Fordyce Consulting Group endorses, recommends, sponsors, or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. Fordyce Consulting Group expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered, or the content displayed by any such third party not under the Fordyce Consulting Group domain.
This website is for your personal, non-commercial use only. You agree that you will not use this website for any commercial or political purpose, including but not limited to advertising, soliciting funds, collecting product prices, or selling products. You are prohibited from monitoring, gathering, or copying content on this website by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind. Framing or utilizing framing techniques to enclose any trademark or other proprietary information, including but not limited to any images, text, or page layout, is strictly prohibited. You are not allowed to use any meta tags or any other “hidden text” utilizing Fordyce Consulting Group’s name or any trademarks. Engaging in any activity that interferes with a user’s access to the website or the proper operation of this website is also prohibited. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit, or otherwise exploit this website for any commercial purpose. Additionally, you agree that in using this website, you will not impersonate any person or entity.
You agree that you are prohibited from posting or transmitting to the Fordyce Consulting Group website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, copyrighted material of others, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these Terms and Conditions. Fordyce Consulting Group reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular internet address to this website.
TERMINATION OF USE OF THIS WEBSITE
You agree that any violation of these Terms and Conditions, the unauthorized use of this website, content materials, and intellectual property, as well as any fraudulent, abusive, or otherwise illegal activity, shall be grounds for termination of your right to access, browse, and use this website. Fordyce Consulting Group reserves the right to terminate or suspend your access to this website and its content and use at any time, with or without notice, at Fordyce Consulting Group’s discretion.
You may make use of the services either as a guest or when you create an account with us.
In creating your account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for maintaining the confidentiality of, and restricting access to, your account and password, and you agree to accept sole responsibility for all activities that occur under your account or password. You agree to contact our customer service department immediately of any breach of security or unauthorized use of your account or any violation of these Terms by others of which you are aware. You agree that we shall have no liability for any losses, damages, liabilities, or expenses you may incur due to any unauthorized use of your account, and you agree to indemnify us and hold us harmless for any such unauthorized use. We reserve the right to create accounts for quality control and administrative purposes. Such accounts may be publicly viewable.
(a) Payment and billing information.
Payments for the use of any of the advanced software development, digital solutions, and innovative technologies, and contracts services rendered on the site can be done with the use of PayPal and Credit cards. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for and agree to pay all such charges. If we or our third-party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your Fordyce Consulting Group account, you can do so at any time by logging into your account and editing your payment information.
(b) Online Pricing, Specifications & Availability
Prices, specifications, and availability of products are subject to change without notice. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. Although Internet orders generate an automatic confirmation and response e-mail, Fordyce Consulting Group may change its pricing, product description, or specification after any order confirmation or response e-mail due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. We will notify you of any corrections or changes and ask for your approval before completing your order. We will not complete your order until we have your approval.
Fordyce Consulting Group may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this Website including, without limitation, any content, products, services, or prices offered through this Website. Fordyce Consulting Group shall not be liable to you or any third party should it exercise this right to modify or discontinue this Website. Fordyce Consulting Group also reserves the right to revise the Terms and Conditions of this Website at any time. All revisions will be posted on these Terms and Conditions and will be effective immediately upon posting. By surfing, using, browsing, or purchasing on this Website, you are deemed notified and bound by any changes to these Terms and Conditions. If you do not accept these revisions to the Terms and Conditions, then you must immediately stop using this Website. We encourage users to review these Terms and Conditions each time you visit this Website to remain informed of any changes to them. Any revisions to these Terms and Conditions will not apply retroactively to disputes arising prior to the adoption of the revisions.
When you visit this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All transactions and orders made on the site for advanced software development, digital solutions, and innovative technologies, including contracts, are considered complete and final. Due to the digital nature of our products, including design files and software, no refunds are given.
DISCLAIMER OF WARRANTY
ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING ADVANCED SOFTWARE DEVELOPMENT, DIGITAL SOLUTIONS, AND INNOVATIVE TECHNOLOGIES, INCLUDING CONTRACTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBJECT TO THE FOREGOING, FORDYCE CONSULTING GROUP DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL EXPRESS WARRANTIES EXCEPT THOSE EXPLICITLY MADE IN THESE TERMS AND CONDITIONS. FORDYCE CONSULTING GROUP MAKES NO REPRESENTATION THAT THE INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE, YOUR RESULTS IN USING THIS WEBSITE, OR THE SERVICE ITSELF WILL BE ACCURATE, VALID, RELIABLE, COMPLETE, TIMELY, OR AVAILABLE OR THAT IT DOES NOT VIOLATE OR INFRINGE THE RIGHTS OF ANY THIRD PARTY. FORDYCE CONSULTING GROUP DOES NOT WARRANT THAT THE CONTENT, MATERIALS, PRODUCTS, SERVICES, AND INFORMATION MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, THEIR SERVERS, OR E-MAIL SENT FROM FORDYCE CONSULTING GROUP WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL AGENTS OR COMPONENTS, SECURE, OR TIMELY. FORDYCE CONSULTING GROUP MAKES NO REPRESENTATION AND SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING ANY SITE LINKED TO THIS WEBSITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
CERTAIN STATE LAWS, INCLUDING, BUT NOT LIMITED TO, THOSE OF OREGON, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, INCLUDING THOSE OF THE STATE OF CALIFORNIA, NEITHER FORDYCE CONSULTING GROUP NOR ITS AFFILIATES, NOR THE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS OF EACH SHALL BE LIABLE FOR, NOR SHALL YOU BE ENTITLED TO, ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE LINKED TO THIS WEBSITE, INCLUDING ADVANCED SOFTWARE DEVELOPMENT, DIGITAL SOLUTIONS, AND INNOVATIVE TECHNOLOGIES, INCLUDING CONTRACTS. THIS WAIVER OF LIABILITY APPLIES TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, OR THE LOSS OF DATA OR INFORMATION, EVEN IF FORDYCE CONSULTING GROUP IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT OR PRODUCT LIABILITY, OR OTHERWISE.
GOVERNING LAW AND JURISDICTION
These general terms and conditions in relation to the use of www.fordycecg.com and its related mobile application are hereby governed by, and construed and enforced in accordance with the laws of California. The competent courts in California shall have exclusive jurisdiction to resolve any dispute between you and Fordyce Consulting Group.