Terms of Use (“TOU”)

IMPORTANT: Fierce Lotus Fitness (“FLF,” “we,” or “our”) provides use of and access to this website www.fiercelotus.com (the “Website”), the accredited L3 Complete Fitness Course teacher training course and materials (“L3 Complete Fitness Course”), the fitness videos (“Fitness Videos”), Action Star Workout Program Booklet (“Nutrition Plan”), products, goods, equipment, and our newsletter (“Newsletter”) made available to you, (collectively referred to herein as the “Services”) in addition to the products as defined below. These Terms of Use (“TOU”) will govern your use of the Website and Services herein and in accessing and using and/or purchasing the Website and/or Services, you acknowledge that you have read and agree to be bound by these TOU.  If you do not agree to be bound by all of these TOU, you may not access or use the Website or Services. In addition, certain areas of the Website or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

General
The information presented by FLF for health, fitness, and nutritional purposes is educational and informational only and is designed for non-commercial use.  Under no circumstances is the information provided herein intended to be medical advice or treatment for specific medical conditions.  If you have questions or concerns about your health or the content on the Website, FLF strongly encourages you to consult your doctor, physician, or healthcare provider.  Use of any of the information on the Website or through the use of FLF Services is at your own risk.  To obtain the most accurate and up-to-date information regarding the contents of the Website and Services, you are strongly encouraged to keep yourself informed of advancements in this field to ensure that any and all nutritional information is accurate, complete, and useful.  Reliance upon any said information is solely at your own risk.

Your use of this Website is subject to all applicable local, state, national, and international regulations.  By accessing this Website and viewing its content, you hereby consent and agree that use thereof is solely at your own risk.  Any confidential information or communication transmitted through this Website cannot be guaranteed.  FLF is not responsible for the security of any information transmitted through the Website and hereby reserves the right to prohibit or terminate use of or access to the Website at any time, without notice, for any reason whatsoever.

Non-Exclusive License

A personal, irrevocable, limited, non-exclusive, royalty-free, non-transferable license is granted to you through this TOU to access and use this Website.  Such grant of rights is expressly conditioned upon compliance with the TOU and is for personal, non-commercial use only.

Prohibited Use

Unauthorized use or modification of the Website or any portion thereof is prohibited without express permission from FLF and may result in criminal and/or civil prosecution under federal, state and local laws.  In connection with your use of the Website and/or the Services, you acknowledge and hereby agree that you will not:  (1) Promote any unlawful activity or purpose, including without limitation, activity that could give rise to criminal or civil liability; (2) Conduct any activity that infringes on the copyright, patent, or trademark rights of any other person or entity; (3) Copy, reverse engineer or reverse assemble the source code in the Website, or otherwise carry out any unauthorized alteration of data or information on or supplied through the Website or Services; (4) Access the Website or Services through any other means than through standard industry-accepted means or post or transmit any material containing a virus or corrupted data; (5) Delete any information pertaining to any author credit, legal notice, proprietary designation or label; (6) Violate any federal, state, or local Laws through the use of this Website and or the Services; (7) Manipulate or display the Website or its Services through the use of framing or similar navigational technology; (8) Register, subscribe or unsubscribe any party for any FLF product or service absent express authorization from said party to do so; (9) Access the Website or use the Services in any manner that could damage, disable, overburden or impair FLF’s servers or networks, or interfere with any other user's use and enjoyment of the Website or the Services; (10) Gain or attempt to gain unauthorized access to any of the Website, Services, accounts, computer systems or networks connected to FLF through hacking, password mining or any other means; (11) Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website or the Services or harvest or otherwise collect information about other users without their consent; (12) Use the Website in any manner that could damage, disparage, or otherwise negatively impact FLF. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY FLF TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

User Generated Content.

FLF may allow you and users of the Website to communicate, submit, and upload text reviews, stories, images, audio/visual media, and other feedback about FLF’s products and services (“User Generated Content”) which will be submitted or posted through the FLF Website and viewable by the public.  The User Generated Content will be stored, maintained, and used by FLF in accordance with our Privacy Policy.  You hereby acknowledge and consent that the User Generated Content that you submit may be accessible and viewable by the public. 
           
You must not submit or upload User Generated Content that is in violation of any other person’s legal, contractual or fiduciary rights, illegal, infringing, false, defamatory, libelous, harassing, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive to an objectively reasonable person, which can cause harm or reasonably be expected to cause harm to any other person or entity, whether or not such material is protected by law, subject to FLF’s sole and absolute discretion.  Without prior notice to you, FLF has the right but not the obligation, to monitor, screen, post, remove, modify, store, and review your User Generated Content at any time and for any reason to ensure that your User Generated Content conforms to these TOU.
           
You hereby represent and warrant that the User Generated Content that you submit or upload to the Website conforms to these TOU and that you own and/or have the full, complete, and necessary rights and permission to use and exploit the User Generated Content in all manners contemplated by the TOU.  We will not be responsible or liable to any third party for any User Generated Content, whatsoever.  We are not responsible for, nor do we endorse or guarantee, the opinions, views, advice or recommendations posted or sent by other FLF Website users.  User Generated Content shall not state or reflect the attitudes or opinions of FLF, and any views and opinions expressed on the FLF Website shall not be attributed or otherwise endorsed by FLF.  Your use of the Website must comply with all applicable federal, state, and local laws, rules, regulations, and ordinances.
           
FLF does not claim ownership to User Generated Content; however notwithstanding the foregoing, you hereby irrevocably agree to grant us a perpetual, paid-up, non-exclusive, sublicensable, assignable, royalty-free worldwide license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights, and all other intellectual property rights to use, reproduce, distribute, modify, publicly perform, create derivative works of, digitally perform, sell, offer for sale, and import such User Generated Content in any media now known or hereafter devised (including without limitation on the FLF Website, third party websites, Facebook®, YouTube®, Twitter®, Pinterest®, and Instagram®) throughout the territory of the universe, for any and all purpose whatsoever, commercial or otherwise, without compensation to you.  This includes use of your User Generated Content in connection with advertising, product packaging, publication, presentations, promotional materials including videos, online videos, blogs, and vlogs, events and associated marketing materials, television and digital commercials.  Notwithstanding the foregoing, FLF is in no way obligated to use your User Generated Content, and any and all such use is in FLF’s sole and absolute discretion.

Public Profiles.

           
To use and access certain features of this Website, you may be prompted to create an account with FLF, and in connection thereto you may be asked to provide certain personal information such as your name and email address which may become publicly viewable by other persons such as other FLF Website users or account holders.
           
To the extent that FLF relies on its users to provide current and accurate information, FLF does not and cannot investigate all information contained in user profiles, nor does FLF represent, warrant, or guarantee the accuracy of such information, and as such, disclaims all liability and responsibility for information provided by users that create public profiles on the Website.
           
Furthermore, you are responsible for your interactions with other users.  Continued access to and use of the Website and/or Services will indicate that you acknowledge and agree that FLF does not screen or inquire into the backgrounds of its users to review or verify the statements, information, representations, or other conduct of its users while using the Website or its Services.  FLF does not warrant, endorse, or guarantee the conduct of its users whatsoever and you should always be mindful and careful to never provide your password, social security number, or other personal information in a public forum.

Public Forums.

           
To the extent that the FLF Website includes a public forum, which includes without limitation, discussion forums, message boards, blogs, chat rooms, or instant messaging features, you acknowledge that such forums are public and are not private communications.  Furthermore, any User Generated Content that is uploaded, submitted, posted, transmitted, communicated, or shared through a public forum platform may be viewable on the internet by the general public.  You hereby agree and consent that you have no expectation of privacy with regard to your submission of User Generated Content.  You are solely responsible for any and all User Generated Content that is uploaded, submitted, posted, transmitted, communicated, or shared through such public form including any and all consequences for submitting or posting User Generated Content on the Website.

User Conduct.

           
You agree and consent that your User Generated Content comports with these TOU and that it is used only for lawful purposes, in accordance with all applicable federal, state, and local laws.  You must not use the Website or its Services in any way that infringes upon the rights of others or inhibits anyone else’s use or enjoyment of the Website or Services.  You expressly agree and acknowledge that you are prohibited from and will not without our prior consent engage in any of the following acts:

  1. Upload or submit anything that interferes with or causes disruption to the Website, including without limitation, uploading files that contain malicious code, viruses, corrupted files, or any other software or program that may damage another person or entity’s computer, network, or site;
  2. Access content, data, or portions of the Website that are not intended for your use or log into an unauthorized server or account;
  3. Probe, scan, or test the vulnerability of the FLF Services, including but not limited to websites, applications, any or all associated system or networks, or breach security without authorization;
  4. Access the Website or FLF Services through automated means such as any “robots,” “spiders,” or “offline readers”;
  5. Interfere or attempt to interfere with the Website or Services, host or network, including without limitation, by submitting a virus, overloading the website, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  6. Use of any data mining, data gathering, or data extraction methods now known or hereafter devised on the Website or Services;
  7. Use or utilize any metatags or hidden text which utilizes the FLF name, trademark, or name of any product of Service without FLF’s express written consent;
  8. Harvest or collect information about FLF users, including email addresses and phone numbers;
  9. Harass, stalk, disrupt or interfere with any other person’s use and enjoyment of the Website or Services;
  10. Copy or reproduce any content accessed on our Website or through our Services;
  11. Make any modifications to, distribute, repost, or republish content from our Website for any reason, or for any commercial exploitation whatsoever, without FLF’s express written permission;
  12. Post material that infringes, or may infringe upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party without the express written permission of said rights owner.  Users shall be solely liable for any and all damage that result from infringement of any said intellectual property rights, proprietary rights, or any other harm resulting therefrom.
  13. Post, upload, or submit personal information or any other media belonging to another person, without their express written permission;
  14. Post statements or materials that would in any way harm minors; impersonate other persons or entities; misrepresent your affiliation with any entity; or violate the privacy or publicity rights of any other person.
  15. Post statements or materials that constitute spam, junk mail, unauthorized advertising or promotion of any commercial products or services, or any other material or content that is objectionable to FLF, for any reason, within its sole discretion.

Parental or Guardian Permission
           
Some of the content accessible on this Website may not be appropriate for children under the age of 13.  Children between the ages of 13 and 18 are strongly recommended to ask their parent or guardian for permission prior to viewing and accessing this Website.

Third Party Content.

           
Any information, statements, opinions, advice, services, advertisements, offers, or other information or content provided on this Website by third parties are those of the respective authors or distributors, and not FLF.  FLF does not guarantee the validity, accuracy, truthfulness, completeness, reliability, or usefulness of any information, statement, opinion, advice, service, advertisement, offer, statement or other Content on the Website by anyone, person, or entity, other than by an authorized FLF representative acting in his or her official capacity.  Through the use of this Website or its Services, you may be exposed to content that violates our policies or is otherwise sexually explicit or offensive.  Your access to and use of the Website is at your own risk.  FLF assumes no responsibility for your exposure to third party content on the Website. FLF does not assume, and hereby expressly disclaims any and all obligation to obtain and include any information other than that provided to it by third party sources.  FLF further disclaims responsibility for any misuse of a product or service due to a typographical error.  Under no circumstance will FLF be liable for any loss or damage caused by your reliance on any content in the Website or through the use of its Services. 

Sweepstakes, Contests and Games.

           
To the extent that FLF chooses to conduct a sweepstake, contest, or game for users of the Website, the rules of same shall be set forth through a hypertext link located on the page in which the sweepstake, contest, or game is located on the Website.  Any sweepstake, contest, or game shall be subject to those rules, regulations, and procedures and by entering or participating in any or all of the foregoing, you agree to those terms.  You should read all rules, regulations, and procedures prior to participating.  FLF has the right but not the obligation to offer any sweepstakes, contests, or games, in its sole discretion.

Accounts, Passwords and Security.

           
Certain Website features or services require you to create an account to enjoy additional services and benefits.  You agree to provide and maintain current, complete, and accurate information for your accounts, including your full name, address, telephone number, and credit card information.  You agree not to impersonate, misrepresent, or provide any information to FLF which is untrue, inaccurate, not current or incomplete, or utilizes any other person’s name or likeness.  You agree that we may take the necessary steps to verify the accuracy of the information provided.  FLF has the right to suspend or terminate any account in violation of these terms in FLF’s sole and absolute discretion.
           
You are solely responsible for maintaining the confidentiality of your username and password, and are further responsible for any and all activities and conduct, whether by you or anyone else, which is conducted through your account.  You must not share your password or other login information with any other person.  You agree to immediately notify FLF of any unauthorized use of your username, password, other account information, or any other breach of security.  FLF is not liable for any loss or damage that you may incur as a result of someone else accessing and/or using your account with or without your knowledge. You may be held liable for any losses or damages incurred by FLF due to someone else using your account or password.

Linking to the Site.

           
FLF hereby expressly reserves the right, in its sole discretion to disallow you to link to the Website at any time.  Upon exercise of that right, you hereby agree to remove and disable all links to the Website and act in accordance with the following guidelines:  the link shall be a text-only link that clearly displays the URL website; any link to the Website shall include the title of the landing page; the link shall not damage or dilute the goodwill associated with the FLF name and its associated trademarks; the use of the link must not create a false impression of the association with, sponsorship by, or endorsement by FLF; the link shall not located on a pop-up window; the link must not be used in any offensive, obscene, pornographic, defamatory, or otherwise malicious manner, based on an objectively reasonable standard.

Disclaimer Regarding Third Party Sites

           
The Website or Services may contain links to other third party sites that FLF provides as a convenience but FLF neither controls nor endorses these sites, nor has FLF reviewed or approved the content appearing thereon.  Further, FLF is not responsible for the legality, sufficiency of information, accuracy, or appropriateness of the content made available to you on these sites. Further, FLF is not directly or indirectly responsible for any damage or loss caused or alleged to have been caused by or in connection with the use of any of these links, content, goods, or services available on the Website. 
           
Any participation, correspondence, or business dealings with third party sites linked on or through the Website are solely between you and such third party.  FLF is not responsible or liable, directly or indirectly, for any loss, damage, or any other matters of any sort incurred by you as a result of such dealings with third parties.

Privacy.

           
FLF is committed to protecting your privacy and security.  For more information, please review our Privacy Policy, which is hereby incorporated into these Terms & Conditions by this reference.

Disclaimer of Warranties.

           
YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY PRODUCTS, GOODS, SERVICES, WEBSITES, HEALTH AND WELLNESS CONTENT AND ADVICE, AND NUTRITIONAL ADVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.  FLF DOES NOT WARRANT OR GUARANTEE THAT THE WEBSITE, SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, FREE FROM VIRUSES, OR OTHER HARMFUL COMPONENTS.  YOU WILL NOT HOLD FLF OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND THAT ARISES FROM YOUR USE OR ACCESS TO THIS WEBSITE OR ANY OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE FLF WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.  FLF FURTHER MAKES NO GUARANTEE OR WARRANTY AS TO YOUR PARTICULAR HEALTH AND FITNESS GOALS, RESULTS, BENEFITS OR OUTCOME ACHIEVED OR OBTAINED THROUGH THE USE OF FLF SERVICES.  YOU AGREE TO USE THE FLF WEBSITE AND SERVICES AT YOUR SOLE RISK.  FLF IS NOT RESPONSIBLE FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

           
FLF MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS THAT REQUIRE DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS REGARDING THE CONTENT CONTAINED ON THE WEBSITE OR THROUGH THE SERVICES.  FLF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE OR THE SERVICES. 
           
YOU ACKNOWLEDGE THAT FLF DOES NOT CONTROL ANY THIRD PARTY ADVERTISEMENTS, PRODUCTS, PRODUCT DESCRIPTIONS, OR CONTENT ON OUR WEBSITE, INCLUDING WITHOUT LIMITATION, PRODUCTS LICENSED TO US FROM THIRD PARTY PROVIDERS.  CERTAIN WARRANTIES FOR PRODUCTS AND SERVICES ACCESSED FOR SALE THROUGH OUR WEBSITE MAY BE AVAILABLE THROUGH THE MANUFACTURERS’ WARRANTIES.  THOSE WARRANTIES ARE PROVIDED ALONG WITH THOSE PRODUCTS AND SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, FLF IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE THIRD PARTY CONTENT, SERVICES, OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH OUR WEBSITE.
           
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH 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.

Mobile Networks

           
If you access the FLF Website or Services using a third party mobile device (“Mobile Provider”), you acknowledge and agree that the Terms set forth in this TOU are between you and Beach Body and not with any Mobile Provider.  Use and access to our Website or Services through a mobile device may cause you to incur additional roaming, data, and other rates and fees from your Mobile Provider.  The FLF Website and Services may not work with all network providers or devices.

Limitation of Liability.

           
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLF NOR ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR SPONSORS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY, AND/OR IF FLF WERE ADVISED OF SUCH DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO FLF OR ITS SERVICE PROVIDERS, LICENSORS, AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FLF SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN NO EVENT SHALL THE TOTAL LIABILITY OF FLF, ITS LICENSORS, OR AFFILIATES TO YOU FOR ANY OR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE WEBSITE AND/OR SERVICES.  YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT ON THE BASIS OF BARGAIN BETWEEN FLF AND YOU.  THE FLF WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  FLF WILL NOT BE RESPONSIBLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THESE TERMS IF SUCH FAILURE IS CAUSED BY THE OCCURRENCE OF ANY UNFORESEEN CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET OR COMMUNICATION OUTAGES, FIRE, FLOOD, OR WAR.  To the extent that some jurisdictions do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, the scope and duration of such warranty and extent of liability shall hereby be the minimum permitted under said applicable law.

Indemnification.

           
You agree to indemnify, defend and hold FLF, its affiliates, shareholders, officers, directors, managers, employees, contractors, agents, suppliers, or sponsors harmless from and against any and all claims, damages, losses, suits or damages (including attorney’s fees), which arise directly or indirectly out of or from improper use of any FLF Service; violation of these TOU; violation of any rights of a third party; any and all User Generated Content; or access to or use of this Website or the Services.
 
Copyright Policy.

           
It is FLF’s policy to respect the copyright and other intellectual property rights of other persons or parties. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that there is infringing material appearing on the Internet that infringes their rights under the U.S. Copyright law.  To that extent, FLF may remove content from its websites or other properties that appears in violation of said copyright or intellectual property rights, including moral rights, of others.
           
If you have a good faith belief that materials appearing on the Website infringe your copyright, you or your authorized agent may submit a notification to us, as set forth in this policy, including all of the information described below (“Notification”) to our registered copyright agent by email using the contact information below. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; for details see http://www.loc.gov/copyright.
           
Notwithstanding the foregoing, any Notification by a copyright owner or agent authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be deemed sufficient notice and shall not confer upon FLF any actual knowledge of facts or circumstances from which infringing material or acts are alleged.
A Notification must include the following:

  1. Identification of the copyrighted work that has been allegedly infringed;
  2. Identification of where the allegedly infringing material is located on the Website or a link thereto;
  3. Information reasonably sufficient to permit us to contact you (i.e., address, telephone number, and your email address);
  4. A statement by you that sets forth a good faith belief that the alleged infringing use of copyrighted material is not authorized by its rights owner, its agent, or the law;
  5. A statement by you, made under penalty of perjury, that the above information set forth in the Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  6. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Please direct Notifications to Fierce Lotus’ Designated Copyright Agent:
Lisa Newman
c/o Fierce Lotus
2150 Circle Drive
Hermosa Beach, California 90254
Email: info@fiercelotus.com

Upon receipt of a substantially compliant Notification regarding an alleged copyright violation, FLF will respond expeditiously to remove or disable the material that is allegedly infringing.  To the extent that you may be held liable for damages and attorney’s fees for any material misrepresentations in a Notification, you should consult legal counsel prior to filing a Notification. You should be aware that there can be penalties assessed for false claims filed under the DMCA.

Jurisdictional Issues.

           
FLF hereby makes no representation or warranty that the Website or Services contain content and materials that are appropriate or accessible for use in any or all locations outside of the United States.  If you choose to access the Website or use the Services from locations outside of the United States, you should do so upon your own initiative and at your own risk. You are responsible for compliant use of the Website or Services in accordance with local laws. FLF reserves the right to limit the availability and accessibility of the Website or the Services to any person, geographic area, or jurisdiction, and to limit the availability or accessibility of the products or services offered thereto.

Termination.

           
FLF may in its sole discretion, terminate your account, password, access or use of the Website or Services, and may accordingly, remove and discard any content within the Website or Services at any time and for any reason. You agree that any and all actions taken under this section may be effectuated against you without providing prior notice.

Governing Law.

           
You agree that the laws of the state of California, without regard to principles of conflicts of laws, shall exclusively govern these TOU, the relationship between you and FLF, and any dispute, claim, or action between you and FLF.  As FLF is from California, California law will apply regardless of your residence or location where you access the Website or use the Services.  You and FLF irrevocably agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, in the State of California, and hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

Waiver and Severability.

           
Any failure of FLF to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision.  If any provision of the TOU, or a part thereof, shall be deemed unlawful, void, or unenforceable for any reason, then that provision shall hereby be severed from these TOU and shall not affect the validity and enforceability of any remaining provisions, or parts thereof.

Successors and Assigns.

           
FLF may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates. If FLF or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, absent our express prior written consent.

Products.

           
FLF offers a variety of products including shippable goods (“Shippable Goods”) and non-shippable goods (“Non-Shippable Goods”).  For example, Shippable Goods include but are not limited to apparel, cosmetics and beauty products, digital video discs, books, and other fitness-related products; whereas Non-Shippable Goods include but are not limited to digital downloads of iBooks or video downloads.  Both Shippable Goods and Non-Shippable Goods may be collectively referred to herein as “Products.”

  1. Product Descriptions.  FLF takes all reasonable precautions to verify that Product descriptions, prices, and other relevant information shown on the Website are accurate and precise.  Notwithstanding, please make note that when ordering Products through the Website, FLF reserves the right to:
    1. Refuse to accept orders if a material error occurs in the description of the Product or if the price(s) advertised on the Product (s) are otherwise incorrect;
    2. Refuse, change, or modify the supply of any Product to any customer or user, and to change, modify, or suspend any portion of the Website or Services at any time, in FLF’s sole and absolute discretion;
    3. Vary the packaging and content of the Products shown on the website;
    4. Estimate the tax that applies to your order and include same in the total amount of the order for your convenience, with the understanding that the final tax amount shall be based on the then-current rate established by the taxing authority; and
    5. Make all items subject to reasonable availability, with the understanding that we shall inform you as soon as reasonably possible if any Product is unavailable or discontinued for any reason, and to offer reasonable alternatives accordingly;
  2. Return Policy.  You may return new, unused, unworn Shippable Goods within thirty (30) days from the date of delivery for a full refund, less the cost of shipping.  Items should be returned in their original product packaging.  For products with any type of packaging, any remaining product or packaging, used or unused should be returned.  For digital video discs, all kit components should be included in the return.  You will need to pay for the return shipment.  If you wish to obtain an exchange for Shippable Goods, FLF will pay for the cost of to ship the exchanged item to you.  There are no returns on Non-Shippable Goods.  In accordance with the foregoing, returns and exchanges shall be handled as follows:
    1. Email info@fiercelotus.com with a copy of your original order invoice and a description of the issue
    2. Upon receipt of confirmation of your inquiry, FLF will authorize you to return or exchange the Shippable Good(s) to the following address:

Fierce Lotus
2150 Circle DriveHermosa Beach, California 90254

    1. Include with the Shippable Good(s) that you want to return or exchange a printout of your original invoice, and a copy of the authorization email from FLF.
    2. Ship your item and obtain a tracking number.  Once the Shippable Good(s) have shipped, please email FLF with the tracking number.

Upon receipt of the Shippable Good(s), original invoice and copy of the authorization email from FLF, we will process a refund or exchange your item within 7-14 days from the receipt of the Shippable Good(s).

  1. Guarantee.  FLF offers a thirty (30) day money back guarantee for Shippable Products in accordance with the Returns policy set forth above.  FLF offers a limited guarantee on Non-Shippable Products which shall be handled on a case-by-case basis by emailing: info@fiercelotus.com
  2. Cancellations.  In the unlikely event that we are required to cancel your order, we will provide you with prior notice by posting notice on the Website and communicating with you via email. FLF reserves the right to cancel or change any order prior to delivery, this includes without limitation, cancellations of any Products, changes to its availability, price, tax, shipping, product specifications, delivery notifications, and package contents.  In the event that any such changes occur, FLF shall contact you via email. Customer service inquiries may be handled on a case-by-case basis by contacting: info@fiercelotus.com
  3. Order Processing.  In processing your order, FLF may require additional information prior to accepting your order and in that event, FLF shall contact you via email.  Purchases made are subject to the applicable shipping and handling costs and taxes, which will be applied to the total amount of the order.
  4. Your Personal and Payment Information.  You agree to provide and maintain current, complete, and accurate information for your accounts, including your full name, address, telephone number, and credit card information.  By providing any credit card or other payment information to FLF, you hereby represent and warrant that such payment information is correct and accurate, and that you have the requisite authority to make a payment with such credit card.  By providing your email address to FLF, you hereby represent and warrant that such email address is accurate and registered to you.  You are responsible to make any and all modifications or updates to your information in order to keep your information current.  You are responsible to notify us if your credit card information changes, is lost, or stolen.  In effort to keep your account current, you acknowledge and consent that FLF may update your credit card information in its database and records when the credit card is set to expire, pursuant to updates it receives from the bank and/or credit card service company.  You hereby agree, acknowledge, and consent that placing an electronic order through the Website shall satisfy the requirements of any applicable Statute of Frauds requirements and that no additional writing shall be required.  All changes and modifications made to your personal or payment information may be directed to info@fiercelotus.com
  5. Shipping.  FLF will provide shipping options to you at checkout that generally provide for regular and/or expedited shipping to the continental United States as well as international orders outside of the United States.  Any timeframes that we provide are good faith estimates of the time required to ship accordingly and may be subject to change.  FLF will take reasonable steps to inform you in writing of any delays that may occur.  In some cases where Products have limited availability, such shipment may be delayed.  In the event that you wish to cancel or modify your order due to a delay in shipping, please contact: info@fiercelotus.com
  6. Reservation of Rights. FLF reserves the right to suspend, cancel, or otherwise terminate your interaction with the Website or Services for any reason in its sole and absolute discretion.  This includes without limitation to your access to and use of the Website, and/or use or purchase of any Products that we provide.  In the event that you use or purchase any Products on behalf of another person and/or entity, you hereby represent and warrant that you have the sufficient and requisite authority to bind said person and/or entity to the terms and conditions set forth herein this TOU.

Commercial Transactions.
           
This Website may offer certain Products or Services.  Should you wish to purchase such Product or Service, you agree to provide FLF or one of its authorized third parties certain information which shall be accurate, complete, and current: your full name, address, telephone number and credit card information.  You hereby agree to comply with the terms and conditions governing your purchase and use of such Product or Service and further agree to be responsible for all charges incurred through your account including the payment of any applicable tax.  You acknowledge and consent that FLF or one of its authorized third parties may immediately charge your credit card and invoice your account for all fees and charges due and payable as a result of your order including any ancillary fees or charges associated thereto.
           
In connection with the aforementioned payments, you agree to immediately notify FLF in the event of a change in your billing address or credit card used in connection with said payments.  Your right to access and use a paid product or service is expressly conditioned upon FLF’s receipt of payment.  Should a charge be suspended or refunded for any reason whatsoever, FLF expressly reserves the right to suspend and/or terminate your account or access to the product or services.  In the event that FLF is unable to collect fees owed for products or services specified in your order, then FLF is authorized by you to take any steps reasonable and necessary to collect all fees owed including collection fees, interest, court costs, and attorney’s fees. 

Billing


a) Billing. 
By providing or designating a payment method to FLF for the purpose of entering into a commercial transaction with FLF, you hereby authorize us to charge you in accordance with the current rate for the Services ordered.  You must provide us with a current, valid, accepted method of payment ("Payment Method").  FLF reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time, in our sole and absolute discretion.

b) Recurring Billing.
 Your FLF subscription (“Subscription”) will start upon its commencement and continue until you cancel your subscription or we terminate it.  You authorize us to charge you for the Subscription fee on a recurring basis.  Should any changes in your Payment Method change, you will promptly update that information on the Website.  If you dispute any charges, you must notify FLF within thirty (30) days or such charge and/or payment.  FLF reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time, in our sole and absolute discretion. Your continued use of the FLF Website or its Services after a price change becomes effective shall constitute your agreement to pay the changed amount.

c) Cancellation. 
You must cancel your Subscription before it renews each month in order to avoid billing of the next month’s Subscription fees to your account. You may terminate your Subscription at any time by going to the FLF Website and canceling the Subscription. Following any cancellation, you will continue to have access to your subscription through the end of your current prepaid billing period.

d) Refunds.
 PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS ARE AVAILABLE.  You may edit your Payment Method by making said change(s) to your account and Payment Method on the Website.  For certain Payment Methods, the issuer of your Payment Method may charge a foreign transaction fee or other charges.  Check with your service provider for details.  These charges are your sole responsibility and in no event will FLF be responsible for said charges.

Vouchers.

           
FLF may, in its sole and absolute discretion, create voucher codes (“Vouchers”) that may be redeemed for discounts on Products or Services.  Vouchers may be applied as partial of full payment upon checkout.  By applying the Voucher towards your purchase, you agree that the Voucher: (1) is non-transferrable; (2) cannot be redeemed for cash; and (3) has an expiration date of one year from the date of issuance. 

Updates.

           
FLF may modify these TOU at any time, in our sole discretion, as FLF deems appropriate.  Any disagreement arising from changes to these TOU must be resolved by your discontinued use of the Website and Services.  It is your responsibility to periodically review the TOU to be aware of such modifications as such changes or modifications may occur with or without notice.  FLF is not liable to you or any third party should FLF choose to exercise its right to modify or discontinue the Website or Services.  Your sole recourse is limited to cease access to the Website or services.  Continued access to the Website and/or use of the Services will indicate that you acknowledge such changes and acceptance of any and all modifications to the TOU. 

Arbitration Provision

           
By using this Website and/or its Services, you agree that any dispute arising under, out of, in connection with, or in relation to these TOU, or any breach hereof, shall be determined and settled by arbitration in the state of California pursuant to the rules set forth by the American Arbitration Association (AAA).  Any award rendered by the AAA shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.  The arbitrator or arbitrators shall be bound by the Federal Rules of Evidence and the procedural rules, including discovery provisions, of the Federal Rules of Civil Procedure.

About the Creators


Heidi Moneymaker is a top
Hollywood stunt double and actress
doubling and playing many of the
amazing female action heroes in
your favorite blockbuster films.


Lisa Newman is a mom of two
boys, CFO of a major restaurant chain,
a certified personal trainer,
and a fitness model and
personality.