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TERMS AND CONDITIONS

(updated 01/26/2022)

 

The following terms and conditions govern your (“you” or “your” or “user”) access and use of the www.fabulousonephilosophy.com website and all content and materials therein including any membership services (“Platform”) offered by Fabulous One Philosophy LLC, having its principal place of business at 3515 Sycamore School Road Ste 125/140, Fort Worth, Texas, 76133, USA (“Fabulous One Philosophy” or “We” or “Our” or “Company” or “Us”).

1. Acceptance

Please read these Terms and Conditions ("Terms and Conditions") which will govern your access, registration, and use of the Platform. If You do not agree with these Terms and Conditions, please do not access, or use the Platform.

 

By accessing or using the Platform, you represent and warrant that you are above the age of majority as per the applicable laws to which you are subject and have the capacity and authority to agree to the Terms and Conditions.

2. Your Membership and Account

If you create an account/membership on the Platform, you are responsible for all activities that occur under the account and any other actions you take thereto. You will provide Us with your accurate, complete, and true contact details (including any documents) and also notify Us in writing of any changes thereto. You agree not to create or access an account using a false identity or any false or inaccurate information or create or access an account on behalf of someone other than yourself.

 

You will be responsible for maintaining the confidentiality and security of your account. If you feel that the security of your account information including that of the password is compromised, you shall immediately change your username and password. You should also notify Us of any unauthorized uses of Your account or any other breaches of security. You are supposed to keep any username and password you may have for this Platform Account confidential and We will not be responsible for any losses or damages resulting to you due to unauthorized disclosure or loss.

 

Your membership is personal to you and is non-transferable and You will not transfer or attempt to transfer Your membership to anyone else.

 

For more details on the membership see Our Membership Policy.

 

3. License to Use the Platform

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Platform only to access, view, print pages, and use our services as provided from time to time through the Platform. The use of Platform is only for your personal and non-commercial use.

 

You shall not:

  • Republish material or any content from the Platform

  • Sell, rent, transfer, promote, distribute, transmit, exploit or sub-license material or any content from the Platform

  • Copy, reproduce, duplicate, or create derivate works from any of the material or any content from the Platform

 

4. Restrictions

The rights granted to you for use of the Platform is subject to the following restrictions:

 

  • You shall not copy, decompile, reverse engineer, disassemble, modify, prepare derivative works, distribute, sell, transfer, or otherwise exploit the Platform except as expressly permitted herein.

 

  • You shall not remove or infringe any copyright, trademark registration, or other proprietary notices from the Platform.

 

  • You will not use the Platform in any way which is harmful to Our interests.

 

  • You will not transmit or introduce any kind of virus or any malware or harmful codes in the Platform.

 

  • You will not use any robot, or any other automatic instrument or procedure to monitor the Platform or any part of it

 

  • You will not use the Platform in any way contrary to applicable laws and regulations including without limitation any export control law, privacy laws.

 

  • You will not post any obscene, defamatory, anti-discriminatory, or illegal materials on the Platform or use the Platform in any illegal or immoral way.

 

  • You will not derive or attempt to derive any source code or any other similar code of the Platform.

 

We may restrict certain areas of this Platform to you at Our sole discretion.

 

5. Ownership and Intellectual Property Rights

 

Title, ownership rights, and intellectual property rights in the Platform and all of the Fabulous One Philosophy content and materials therein including without limitation text, images, graphics, illustrations, designs, video, audio shall remain the sole property of Fabulous One Philosophy or its licensors.

 

Your use of the Platform does not grant you any right or license to reproduce or otherwise use any of the materials or intellectual property rights of Fabulous One Philosophy or its licensors except as expressly stated herein.

 

6. Your content

 

You may from time to time post or upload any of your content such as including but not limited to audio, video, text, images, opinions, ideas, or other material (“Your Content” or “User Content”) as permitted by Us. We reserve the right to remove any of your content from the Platform at any time, and for any reason, without notice to you.

 

You represent and warrant that you either are the sole and exclusive owner of all of Your content or you have all rights, licenses, consents, and releases that are necessary to grant to Us the rights in such of Your content as specified in these Terms and Conditions. You are solely responsible and liable for Your Content that You make available on the Platform. We will not be responsible for any liabilities or damages incurred due to Your Content or from any of Your acts or omissions related to Your Content. We will not edit, or review the User Content and hence any of the User Content shall not be considered as the views or opinions of the Company.

 

You represent and warrant that:

 

  • The User Content is not false, fraudulent, misrepresenting, misleading or deceptive

 

  • User Content does not and will not infringe any rights, including but not limited to the copyright, patent, trademark, design, trade secret rights, or any other type of intellectual property rights of any third party

 

  • You will comply with any third-party licenses relating to User Content

 

  • The User Content does not contain any viruses, timebombs, worms, or similar malware or other harmful content or code

 

  • The User Content does not and will not be spam, chain letters, advertising, or solicitation materials

 

  • The User Content does not and will not contain unethical, illegal, unlawful, obscene, pornographic, immoral, hateful, defamatory, discriminatory, threatening, disparaging, harassing, offensive, abusive elements or material

 

  • The User Content does not and will not violate the privacy laws or privacy rights of any third party

 

  • The User Content complies with and will comply with all applicable laws including, without limitation, privacy laws

 

  • The User Content shall not include any sensitive personal information.

 

If You violate any of the above terms, We, in addition to other rights that we may have, shall be entitled to take actions such as including but not limited to removing or editing any objectionable User Content, removing, terminating, or disabling Your access to the Platform or services without notice and any further liability and in our sole discretion.

 

We reserve the right to monitor Your use of the Platform, Services, or User Content at any time and have the right in Our sole discretion to modify or remove any User Content

  • that violates any applicable laws or these Terms and Conditions

  • that creates or may create any type of liability for Us

  • for any other reason in Our sole discretion

 

You grant Fabulous One Philosophy a worldwide, non-exclusive, fully paid-up, royalty-free, sub-licensable, transferable, perpetual right to use, copy, reproduce, display, modify, edit, distribute, create derivate works, and otherwise exploit such of your content in any form whatsoever and authorize others to do all or any of the foregoing of the User Content as you may make available on the Platform.

 

7. Third-Party Sites

The Platform may contain links to third-party websites that are not part of Fabulous One Philosophy LLC. Fabulous One Philosophy LLC shall not be responsible or liable for these websites including but not limited to their resources, and content. You are advised to read the terms and conditions and privacy policy of such third-party websites.

 

8. Hyperlinking to Our Content

 

You will not hyperlink to Our Platform without the prior written approval of the Company. We will consider and approve as appropriate in our sole discretion any link requests and Our decision in this regard shall be conclusive.[Author 1] 

 

We allow only the below organizations and entities to link to Our Platform without Our prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

 

The above organizations/entities may only link to Our Platform provided the link:

  • is not in any way ambiguous or deceptive

  • does not reflect unfavorably on Our business

  • does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services;

  • fits within the context of the linking party's site.

 

If you intend to link to Our Platform, you are requested to contact us at  admin@fabulousonephilosophy.com providing details as under:

 

  • Entity Name

  • Your Name

  • Contact details (Address/email/phone)

  • URL of Your site

  • list of any URLs from which you intend to link to Our Platform

  • list of the URL(s) on Our Platform to which you want to link.

 

Once we approve Your request in writing, You will be permitted to link to Our Platform subject to You following below guidelines and any other guidelines as prescribed by Us from time to time:

 

No use of Fabulous One Philosophy LLC’s logo, sign, trademark, or other design will be allowed for linking absent a trademark license agreement.

 

We reserve the right at all times to request You to immediately remove all links to Our Platform without any liability to You or any third party including without limitation any obligation on Us to respond or provide any information.  We will not be liable or responsible for any content appearing on your website.

 

9. Iframes

 

You will not create frames around Our web pages or use any other procedures that may modify or have the ability to modify in any way the visual appearance of the Platform without Our express prior written consent.

 

10. Privacy Policy

Our Privacy Policy, available on the Platform provides information about Our collection, use, and disclosure practices related to your information and personal data and is incorporated into these Terms and Conditions.

 

11. Fees

Fees will be applicable as per your membership package/services or products chosen and you agree that all fees are non-refundable and the membership package cannot be canceled. All such fees will be charged along with the applicable taxes when you select the appropriate package of your choice via the Platform. You authorize Us and the applicable financial transactions processor to debit your bank account, card account for the membership charges/convenience Fee. You agree that there may be any applicable terms and conditions of such a payment processor to which you will be bound and shall comply with the same. For more details, see Our Membership Policy.

 

12. Changes

The company may, in its sole discretion, make any changes to the Platform as it deems necessary without any notification to you.

 

If Fabulous One Philosophy makes any fundamental changes in the Platform such as migration to a new URL or closing the Platform or any other change that is considered substantial as determined by Fabulous One Philosophy, then in such a situation Fabulous One Philosophy will provide reasonable notice to You to enable you to download all the material that you have subscribed.

 

13. Termination and Cancellation

We may without prior notice discontinue your use of the Platform (including the membership) with or without notice for reasons including but not limited to your breach of any provisions in the Terms and Conditions or as required by law. For more details on Our Cancellation terms, see Our Membership Policy.

 

14. Disclaimer

THE PLATFORM AND ALL SERVICES THEREON IS PROVIDED "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, OF ANY KIND RELATED TO THIS PLATFORM OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR OTHER DAMAGES OR LOSS OR CLAIMS ARISING FROM YOUR USE OR NON-USE OF THE PLATFORM OR SERVICES. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR VIRUS-FREE OR BUG-FREE OR UNINTERRUPTED OR SECURE. WE DO NOT PROVIDE MEDICAL ADVICE AND WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC PRODUCTS, USERS, ENTITIES, OR OPINIONS THAT MAY APPEAR ON THE PLATFORM. THE PLATFORM AND SERVICES IS NOT A SUBSTITUTE OR REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT THE SERVICES OR CONTENT AS RELATED TO YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL. NOTHING STATED OR POSTED ON THE PLATFORM OR SERVICES IS INTENDED TO BE, AND SHALL NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR COUNSELING CARE.  WE DO NOT PROVIDE ANY WARRANTY THAT THE CONTENT ON THE PLATFORM IS LATEST, ACCURATE, TRUTHFUL, AND RELIABLE. WE DO NOT APPROVE, ENDORSE OR MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY CONTENT. YOUR RELIANCE UPON THE PLATFORM, SERVICES, AND CONTENT THEREIN ARE SOLELY AT YOUR OWN RISK. WE RECOMMEND YOU CONSULT A PROCESSIONAL FOR ADVICE BEFORE PURCHASING OR USING ANY PRODUCT THROUGH THIS WEBSITE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR MEDICAL CONDITION.

 

 

DO NOT STOP SEEKING MEDICAL ADVICE OR STOP TAKING ANY MEDICATION OR TREATMENT BECAUSE OF SOMETHING THAT YOU HAVE READ ON THE PLATFORM. WHATEVER THAT IS STATED ON THE PLATFORM IS BASED ON THE PERSONAL EXPERIENCE OF THE FOUNDER OF FABULOUS ONE PHILOSOPHY LLC IS AND PURELY A PERSONAL OPINION. THAT SAID THE FOUNDER OF FABULOUS ONE PHILOSOPHY LLC IS NOT A HEALTH PROFESSIONAL OR MEDICAL PRACTITIONER. ANY ADVICE OR INFORMATION FROM FABULOUS ONE PHILOSOPHY LLC OR ITS FOUNDER MEMBER OR ANY AGENTS, REPRESENTATIVES SHOULD BE ACCEPTED BASED ON YOUR DISCRETION AND SOUND JUDGEMENT. FABULOUS ONE PHILOSOPHY LLC AND ITS FOUNDER MEMBER, AGENTS, REPRESENTATIVES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OR INJURY OR SIDE EFFECTS OR ANY CONSEQUENCES WHATSOEVER CAUSED OR ARISING OR SUSTAINED BY YOU ON ACCOUNT OF YOU USING THE PLATFORM.

 

15. Indemnification

You agree to defend, indemnify, and hold the Company, its founder, its successors and assigns, affiliates, officers, directors, employees, agents, licensors harmless from and against any claims, damages, liabilities, including without limitation, reasonable attorney fees, resulting or arising from, your use of the Platform or your breach of any provisions in these Terms and Conditions or in any way related to User Content or for any content appearing on your website.

 

16. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS SUCCESSORS OR ASSIGNS, AFFILIATES, DIRECTORS, OFFICERS, PARTNERS, SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS RELATED TO THIS TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT RECEIVED BY US FROM YOU DURING THE LAST THREE (3) MONTHS PRECEDING THE DATE OF CLAIM.

 

17. Governing Law

These Terms and Conditions are governed by the laws of State Texas, the United States and You agree to submit to the exclusive jurisdiction of, and venue in, the Tarrant County, Fort Worth courts.

 

18. Assignment

We may assign, transfer, or subcontract Our rights and/or obligations to any person/entity without your consent. You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations without Our consent.

 

19. Force Majeure

We are not responsible or liable for any delays or failures in performance from any cause beyond Our control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, lockdowns, fire, earthquakes, acts of third parties or epidemics.

 

20. Entire Agreement

These Terms and Conditions constitute the entire agreement between You and Us as to the subject matter stated herein.

 

21. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable.

 

22. No Third-Party Beneficiaries

Nothing in this Terms and Conditions will provide or accrue any benefit to any third party or entitle any third party to any claim, cause of action, remedy, or right of any kind.

 

23. Waiver

Any waiver or failure to enforce any provision of the Terms and Conditions on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.

 

24. Successors

These Terms and Conditions bind and benefit the parties and their respective permitted successors and assigns.

 

25. Relationship

Your use of the Platform shall not make you an employee or agent or partner or joint venturer of the Company.

 

26. Cumulative Remedies

The remedies if any provided herein are cumulative and not exclusive of any remedies provided by law.

 

27. Survival

All provisions which by their nature should survive shall survive the termination of these Terms and Conditions including without limitation disclaimer, limitation of liability, and indemnification.

 

28. Changes to the Terms and Conditions

We reserve the right to modify these Terms and Conditions per Our discretion at any time. Please regularly check the Platform to view the latest updated version. To the extent permitted by applicable laws, Your continued use of the Platform constitutes your acceptance of such change(s).

 

Our contact details.

Business Name: Fabulous One Philosophy LLC

Address: 3515 Sycamore School Road Ste 125/140, Fort Worth, Texas, USA

Email: admin@fabulousonephilosophy.com