Membership Agreement

Cindy’s Functional Fitness, L.L.C.

Membership Agreement

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY, BY PURCHASING A MEMBERSHIP,  YOU AGREE TO BE BOUND BY THE MEMBERSHIP AGREEMENT BELOW. THESE TERMS AND CONDITIONS OF MEMBERSHIP ARE SUBJECT TO CHANGE WITHOUT NOTICE, AT OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THE WEBSITE AND THE CINDY’S FUN-N-FIT GROUP PRIVATE FACEBOOK PAGE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT BECOME A MEMBER OF CINDY’S FUN-N-FIT GROUP.

I. Introduction

  A. Welcome to Cindy’s Fun-N-Fit Group! We are excited to have you join us. This group is geared toward helping you reach your health and fitness goals.

II. Scope of Agreement

  A. Unless we indicate otherwise, this Agreement applies to your use of a membership by using either Intentionallyeat.com, Cindynewland.com (Website) or the Cindy’s Fun-N-Fit Group Private Facebook group (Private Facebook Group) owned and operated by Cindy’s Functional Fitness, L.L.C. (“CFNFG”, “we”, “us”, or “our”) and any other website and/or mobile app that we may own or operate currently or in the future and all of the coaching and/or programs, content, meal plans, products and/or services that we may offer currently or in the future. For purposes of the Agreement, “You” or “Member(s)” or “your” or “client” or “customer” or similar terms refer to you the User of our Services and goods that we offer now or in the future. the coaching, content, meal plans, programs and all other products and/or services offered by CFNFG currently and in the future in any combination) part, whole, or any combination) as applicable are herein collectively referred to as “Services”. 

III. Expectations and Requirements

  A. As a member, you are ultimately responsible for your own achievements. 

  B. There is no guarantee that this program will make you lose weight or gain muscle, CFNFG can only provide you with the exercises and nutritional advice to put you on the path to fitness. You understand that you can only get out of this program, what you put in. 

  C. All members must be 18 years of age or older in order to be a member of CFNFG. 

  D. In order to access CFNFG materials and services, you will be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the materials. You agree that any information you provide will always be accurate, correct, and up to date. 

  E. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access your CFNFG materials. Accordingly, you are responsible for all activities that occur under your account. 

  F. Accessing (or attempting to access) any CFNFG Services by any means other than through the means provided, is strictly prohibited. You specifically agree no to access (or attempt to access) any CFNFG Services through any automated, unethical, or unconventional means.

IV. Facebook Group Specific Rules and Policies

  A. The Private Facebook Group is a safe space for participants to share successes, struggles and encourage each other. 

  B. Only the paying Member is allowed to view the Private Facebook Group. 

    1. Member shall not allow their significant other or minor children to view the Private Facebook Group, posts in the Private Facebook Group, or content of any type in the Private Facebook Group, in any way. 

    2. If Member has a joint Facebook account with their significant other, the Member MUST “unfollow” the group so that member posts will not show up in the regular new feed. Member is responsible for ensuring the significant other does not view inside the Private Facebook Group at any time for any reason. 

  C. This Private Facebook Group is focused on fitness and nutrition, therefore, there will be no unauthorized or unsolicited advertising, including zero paid product marketing or marketing of any kind. 

    1.Member may not use their CFNFG membership in the Private Facebook Group to private message other members for marketing or selling any goods or services. 

  D. The Private Facebook Group is here to help with accountability and self-confidence. For this reason, the following rules will apply:

    1. No sharing other member’s photos or information without approval from that member. 

    2. CFNFG has the sole ability to determine what is considered Inappropriate Behavior. Member shall not upload, post, email, or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable (“Inappropriate Behavior”) (in our sole discretion).

    3. CFNFG has the right in our sole discretion to remove any content that, we feel in our judgement does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. CFNFG is not responsible for any delay or failure in removing such content. If you post content that is removed, you hereby consent to such removal, and consent to waive any claim against us.

    4. Inappropriate Behavior will result in immediate removal from the group with no refund and Member may not be eligible to return to CFNFG in the future.  

V. Membership Renewal, Removal, and Refunds

  A. Each monthly session ends on the last Friday of the month. 

    1. Non-paid members or members cancelling their membership will lose access to content on the last Friday of the month. 

  B. Membership is recurring until Member cancels their membership.  

  C. If Member’s recurring plan fails, for any reason, Member has twenty-four (24) hours from the cancellation notification email to re-sign up with a new payment method. If Member fails to re-sign up within the twenty-four (24) hour period, Member’s access will be removed until updated with a new payment method. 

  D. There will be zero refunds issued once a membership is booked – remember, results aren’t guaranteed: they are earned. 

    1. The ONLY exception to this rule is if a Member accidentally double books a membership, the following policy will apply: 

      a. If a Member signs up for multiple memberships of any kind, for any reason, the extra membership can either be 1) added to the immediately proceeding month or 2) refunded for a five ($5) dollar fee. 

    b. If a Member is unsure whether or not they need to resign up, Member must message Cindy Newland on Facebook or email CFNFG at cindynewland@hotmail.com

VI. Health and Safety

  A. Physician Approval

    1. It is recommended that all members acquire clearance from their personal physician before beginning this exercise program.

    2. In the event that you are pregnant, you will not participate in any of CFNFG’s workouts until you have discussed the potential risks to both you and your unborn child with your obstetrician. You agree that you will follow your obstetrician’s recommendations and on behalf of yourself, your heir, spouse or other interested party hold harmless Cindy’s Functional Fitness, L.L.C. for any possible injury to yourself or your unborn child. 

      a. Member will notify Cindy Newland of her pregnancy immediately, so that Cindy can provide modifications based on your obstetrician’s recommendations and restrictions.  

  B. No Medical Care

    1. The Services are intended only to assist members with their efforts to lose and manage weight, live a healthy lifestyle and achieve lifestyle related goals through making lifestyle related choices and lifestyle change. The Services are not health care services. CFNFG and CFNFG coaches and instructors do not five medical advice or diagnosis. Additionally, the information and reports generated by CFNFG  in providing the Services may not be interpreted as a substitute for physician consultation, evaluation, or treatment. You, the Member, acknowledges that CFNFG  has advised you to seek the advice of a physician before entering into the Agreement.

  C. Waiver

    1. In consideration of using the Services, you, your, heirs, personal representatives or assigns, (herein after referred to as “You” and “Your”) do hereby release, waive, discharge, and covenant not to sue CFNFG, and/or their owners, directors, officers, employees, instructors and agens from liability from any and all claims including the negligence of CFNFG resulting in personal injury, humility, accidents or illnesses (including death), property damage, and financial loss arising from, but not limited to, participation in activities, training sessions, observation, workout videos, use of fitness equipment, and suggested health and fitness products and recipes.

  D. Assumption of Risk

    1. Physical activity, by its very nature, carries with it certain inherent risks that cannot be eliminated regardless of the care taken to avoid injuries.  CFNFG provides services and activities typically categorized as HIIT training, which includes free weights, body weight, and cardio. This can involve strenuous exertions of the cardiovascular system and muscular strength using various muscle groups. In addition, you fully understand that at any time during the physical activity, we may give instructions and suggestions on correct form, improving your technique, modifications to make it more or less challenging. If you wish to not adhere to these suggestions, you will inform us or will not take part in the services provided by CFNFG. You will never force or strain during exercise and will consult a physician immediately upon experiencing any pain or discomfort. You have read the assumption of risk section and you know, understand, and appreciate these and other risks that are inherent in the activities, services and suggestions made possible by CFNFG and hereby assert that your participation is voluntary and that you knowingly assume all such risks. 

  E. Indemnification

    1. Member recognizes that there are hazards and risks, therefore Member agrees to indemnify CFNFG , its officers, directors, employees, instructors, agents and representatives against any loss, damage, or expense incurred by reason of any claim or liability based upon personal injury (including death) or property damage arising as a result of , or in connection with, participating in CFNFG.

  F. Notification of Health Concerns

    1 By participating in CFNFG Services, Member warrants and represents that they have no disability, impairment, or ailment preventing Member from engaging in active or passive exercise, or that will be detrimental or adverse to such Member’s health, safety, or physical condition if Member does so engage or participate. 

      a. It is Member’s responsibility to notify CFNFG of any medical conditions or recurring injuries that we should be made aware of.

VII.  Your Use of the Services

  A Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use our Services and the material provided herein, and the program that you subscribed to, for your personal, noncommercial use, for the duration of your membership only, provided that you comply fully with the provisions of the Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, our Services.

  B. You understand that only you may use your user account and password and that your subscription to our Services is only valid for your personal, noncommercial use and may not be shared with others. You agree to be financially responsible for all usage or activity of our Services subscribed to by you. 

  C. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, buy not limited to, (i)restricting the time the Services are available, (ii)restricting the amount of use permitted, and (iii)restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we many immediately deactivate or delete your user account and all related information and/or files in your user account and bar any further access to such information, files, and Services. 

  D. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Services including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to cancel or terminate your subscription or registered user account, as applicable.

VIII. Restrictions on Your Use of Materials

  A. You acknowledge that our Website and Private Facebook Page contains information, software, photos, videos, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All trademarks and trade names appearing on our Website are trademarks and trade names of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensees, contractors and other third parties may also have additional proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer or mobile phone or other electronic device, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but no limited to use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent. 

    1. No copying or saving CFNFG workouts under any circumstances.

    2. No copying CFNFG workouts, meal plans, or recipes to another program, class, business, or group that Member teaches, participates in, runs or owns.

    3. No selling or sharing CFNFG workouts, meal plans, or recipes to another person or entity.

   4. No advertising or marketing other fitness groups, products, or instructors, either within the group or to any CFNFG members, in any way, without prior approval by CFNFG.   

  B. No sharing the workouts, meal plans, or recipes, under any circumstances, with anyone that is not in the group, other than spouse/significant other or children living in your home under 18 years of age. 

    1. Any child living in the home 18 years or older must have their own CFNFG membership. 

    2. Any spouse or child participating in CFNFG with a paying Member is also bound by the Terms and Conditions of this Agreement and shall be subject to the same requirements and restrictions the paying Member. 

    3. Any spouse or child participating in CFNFG with a paying Member shall respect the privacy of other CFNFG members to the same extent as required of the paying Member. 

    4. paying Member shall be responsible for any infractions or issues caused by the spouse/significant other or child, including but not limited to, removal from CFNFG without a refund and legal proceedings. 

  c. Member is responsible for reading and following both the Cancellation Policy and Return Policy, both of which can be found on intentionallyeat.com or cindynewland.com.

  D. Non-Disclosure

    1. MEMBER SHALL NOT USE FOR MEMBER’S PERSONAL BENEFIT, OR DISCLOSE, COMMUNICATE OR DIVULGE TO, OR USE FOR THE DIRECT OR INDIRECT BENEFIT OF ANY PERSON, FIRM, ASSOCIATION OR COMPANY OTHER THAN CFNFG, ANY “CONFIDENTIAL INFORMATION,” WHICH TERM SHALL MEAN ANY INFORMATION REGARDING THE BUSINESS METHODS, POLICIES, PROCEDURES, TECHNIQUES, TRADE SECRETS, OR OTHER KNOWLEDGE OR PROCESSED OF, OR DEVELOPED BY CFNFG OR ANY OTHER CONFIDENTIAL INFORMATION RELATING TO OR DEALING WITH THE BUSINESS OPERATIONS OF CFNFG , MADE KNOWN TO MEMBER OR LEARNED OR ACQUIRED BY MEMBER WHILE USING THE SERVICES OF CFNFG, BUT CONFIDENTIAL INFORMATION SHALL NOT INCLUDE INFORMATION OTHERWISE LAWFULLY KNOWN GENERALLY BY OR READILY ACCESSIBLE TO THE GENERAL PUBLIC. THE FOREGOING PROVISIONS OF THIS SUBSECTION SHALL APPLY THROUGHOUT THE DURATION OF THIS AGREEMENT, AND FOR A PERIOD OF THREE (3) YEARS AFTER LEAVING CFNFG AND SHALL BYE IN ADDITION TO (AND NOT A LIMITATION OF) ANY LEGALLY APPLICABLE PROTECTIONS OF CFNFG INTEREST IN CONFIDENTIAL INFORMATION, TRADE SECRETS, AND THE LIKE. 

  E. Non-Compete

    1. THE MEMBER WARRANTS AND GUARANTEES THAT THROUGHOUT THE DURATION OF THIS AGREEMENT, AND FOR A PERIOD OF THREE (3) YEARS AFTER LEAVING CFNFG, THE MEMBER SHALL NOT, IN ANY MANNER, REPRESENT, PROVIDE SERVICES, OR ENGAGE IN ANY ASPECTS OF BUSINESS THAT WOULD BE DEEMED SIMILAR IN NATURE TO THE BUSINESS OF CFNFG (CINDY’S FUNCTIONAL FITNESS, L.L.C) NOT SHALL THE MEMBER SOLICIT ANY CLIENT OR CUSTOMER FOR THE BENEFIT OF HIMSELF/HERSELF OR A THIRD PARTY THAT IS OR MAY BE ENGAGED IN A SIMILAR BUSINESS.

  F. Blue Pencil Doctrine

    1. If the duration of, the scope of, or any business activity covered by any provision of this Section 8 is in excess of what is determined to be valid and enforceable under applicable law, such provision shall be construed to cover only that duration, scope or activity that is determined to be valid and enforceable. Executive hereby acknowledges that this Section 8 shall be given the construction that renders its provision valid and enforceable to the maximum extent, not exceeding its express terms, possible under applicable law. 

IX.  Billing Policy

  A. Non-Recurring Memberships

    1. Non-recurring memberships will be billed on the date booked. 

  B. Recurring Memberships

    1. Recurring memberships will renew each month on the same numbered date of purchase, or the business date before if the actual date fall s on a non-business date.

    2. Examples:

      a. If you purchase your recurring membership on the 17th of July, your membership will renew on the 17th of each month until cancelled.

      b. If you purchase your recurring membership on the 17th of July and August 17th falls on a Sunday your membership will be billed on Friday, August 15th.

      c. Once a recurring membership is billed, it cannot be cancelled, not will any refunds be issued once billed.

X. Cancellation Policy

  A. Non-Recurring Memberships

    1. Non-recurring memberships cannot be cancelled, nor will any refunds be issued once purchased. 

  B. Recurring Memberships

    1. In order to cancel a recurring membership, Member must notify CFNFG , by email (cindynewland@hotmail.com) or Facebook Messenger, no later than Five (5) Business days prior to the membership renewal date. 

      a. Example: If Member’s membership will renew on July 17th, Member must notify Cindy Newland no later than midnight on July 12th.

    2. If Member fails to notify Cindy Newland at least Five (5) Business Days prior to the membership renewing, the billing cannot be stopped, and Member will be charged for another month of membership that cannot be cancelled or refunded.

    3. If a Member’s recurring plan fails, for any reason, the Member has twenty-four (24) hours from the cancellation notification email to re-sign up with a new payment method. If the Member fails to re-sign up with in the twenty-four (24) hour period, the Member’s access will be removed until updated with a new payment method. 

XI. Sales Policy

  A. By placing an order with Company, you warrant that you are at least 18 years old (or have parents’ permission to buy from us), and accept these terms and conditions, which shall apply to all orders placed. None of these terms and conditions affect your statutory rights. 

  B. Once an order is placed, it cannot be modified in any way.

  C. Each PDF download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s they purchased to any third party or person.

  D.  All purchases made on intentionallyeat.com or cindynewland.com are non-refundable – see the Return Policy for full details. 

XII. Payments

  A. All transactions conducted through Company are handled by a dedicated third party to ensure your information is secure. Card information is not stored, and all card information is handled by the third party. Please read the terms and conditions for the third party, as they are responsible for the transactions made.

XIII. Shipping Policy

  A. Business days shall mean Monday through Friday: Holidays, Saturday, and Sunday are not included.

  B. All items in an order will be shipped to one address, orders cannot be split and shipped to different addresses. 

  C. Order Processing

    1. You should receive an email confirming your order shortly after you have placed it. If you don’t receive that email, please check your span folder and see if you can locate it. 

    2. Order processing time will vary between Three (3) and Five (5) Business Days. 

    3. If we are experiencing a high volume of orders, shipments may be delayed a few days. Please allow additional days in transit for delivery.

  D. Order Shipping

    1. Orders ship on Business days only.

    2. You will pay all shipping and handling charges specified during the ordering process.

    3. Orders are shipped via USPS and delivery is typically in one (1) to five (5) Business days.

    4. Shipping dates are estimates only and cannot be guaranteed. CFNFG is not liable for any delays in shipments. 

  E. Title and Risk of Loss

    1. Title and risk of loss pass to you upon our transfer of the products to the carrier. 

    2. Once CFNFG delivers the order to USPS, customer will be responsible for talking with USPS regarding any shipping delays or issues that arise. 

  F. Pre-Orders

    1. If an item is sold as a “pre-order” the item will be received by CFNFG two (2) weeks from the date the pre-order closes, not from the date the itme is ordered. Once CFNFG has the items, CFNFG will have the standard order processing time of three (3) to five (5) days prior to shipping the order. 

  G. International Shipping

    1. All prices are shown in US Dollars. For conversion, we recommend using a Currency Converter. 

    2. Any import duties, tariff, taxes, or brokerage fees, etc. due at the time of delivery are the sole responsiblity of the receiving customer. 

    3. Shipping times may take longer than the standard shipping time. 

XIV. Return Policy

  A. Merchandise Purchases

    1 There are no refunds, returns, or exchanges on merchandise purchases once purchased by customer.

    2. Once an order is placed it cannot be changed or modified in any way.

  B. Membership Purchases

    1. If a Member signs up for multiple memberships pertaining to the same month, for any reason, the extra membership can either be 1) added to the immediately proceeding month or 2) refunded for a five ($5) dollar fee.

    2. If a Member is unsure whether or not they need to resign up, Member can message Cindy Newland at cindynewland@hotmail.com or on Facebook Messenger.

XV. No Transfer of Intellectual Property

  A. CFNFG Services, Content, and materials are copyrighted and original materials that have been provided to Member, are for Member’s individual use only and a single-user license. Member is not authorized to us any of CFNFG’s intellectual property for Member’s personal, competition, or business purposes. All intellectual property, including CFNFG’s copyrighted program and/or content materials, shall remain the sole property of CFNFG. No license to sell or distribute CFNFG’s materials is granted or implied. By becoming a member of CFNFG, Member agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights. (2)that any Confidential Information shared by CFNFG is confidential and proprietary, and belongs solely and exclusively to CFNFG, and (3)Member agrees not to disclose such information to any other person or use it in any manner other than in discussion with CFNFG. Further, by making this purchase, Member agrees that if Member violates, or displays any likelihood of violating, any of Member’s agreements contained in the paragraph, CFNFG  will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

XVI. Limitations of Warranties

  A. CFNFG does not represent or warrant that every daily workout will be new, “new” meaning unseen by any members at any time. From time to time, as the need arises, CFNFG may use previously recorded workout as the daily posted workout and the length of reusing previous videos will vary depending on the severity and length of the situation causing the need for reusing videos. Situations such as trainer injury or health related concerns, technology issues, natural disasters, governmental actions, power failures, vacations, or any other issues may require CFNFG to reuse a video that was released on a previous date. 

  B. By using the CFNFG Website (intentionallyeat.com or cindynewland.com) or Private Facebook Group, you understand and agree that all materials and Content we provide are “as is” and “as available”. This means that we do not represent or warrant to you that”:

    1. The use of our Material and Content will meet your needs or requirements, 

    2. The use of our Materials and Content will be uninterrupted, timely secure, or free from errors,

    3. The information obtained by using our Materials and Content will be accurate or reliable, and 

    4. Any defects in the operation or functionality of any Materials and Content we provide will be repaired or corrected. 

  C. Furthermore, you understand and agree that: 

  1. any content downloaded or otherwise obtained through the use of our Material and Content is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content. 

 2. no information or advice, whether expressed, implied, oral or written, obtained by you from CFNFG or through any Material we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this Agreement.

  D. THE PRODUCTS, SERVICES, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) ON OUR WEBSITE AND MOBILE APP AND ANY OTHER PLATFORM ARE PROVIDED “AS IS”AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

XVII. Limitation of Liability

 A. IN CONJUNCTION WITH THE LIMITATION OF WARRANTIES AS EXPLAINED ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF PRODUCTS AND SERVICES. CFNFG (CINDY’S FUNCTIONAL FITNESS, L.L.C. ) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR SERVICES, OR AS A RESULT OF ANY CHANGED, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY. 

XVIII. Indemnification

  A. You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website, Private Facebook Group, our products, offerings, Content, or Services (including, without limitation, the coaching), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under the User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us. 

XIX. Privacy

  A. We respect your privacy and are committed to protecting it. Our Privacy Policy, as can be found at intentionallyeat.com or cindynewland.com, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

XX. Copyrights/Trademarks

  A. All content and materials available on intentionallyeat.com or cindynewland.com and in the Private Facebook Group, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of CFNFG, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by CFNFG. 

XXI. Termination of Use

  A. By using our Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to our Services.

  B. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for termination your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

XXII. Governing Law

  A. Intentionallyeat.com and Cindynewland.com is controlled by CFNFG from our offices located in the state of Missouri, USA. This website can be accessed by most countries around the world. As each country has laws that may differ from those of MO, by accessing our website, you agree that the statutes and laws of MO, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of any products or services throughout this site.

  B. Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts located in MO, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

XXIII. Guarantee

  A. UNLESS OTHERWISE EXPRESSED, CFNFG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

XXIV. Severability

  A. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will no affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter herein. 

XXV. Force Majeure

  A. We will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in our performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

XXVI. Modifications

 A. this Agreement may be modified only by our posting of changes to this Agreement on our Website and Private Facebook Group. Each time you access our Website and Private Facebook Page, you will be deemed to have accepted any such changes.

XXVII. Assignment

  A. You will not assign any of your rights or delegate any of your obligations under this Agreement without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Agreement. 

XXVIII. No Third-Party Beneficiaries

  A. These Terms do not and are not intended to confer any rights or remedies upon any person other than you. However, if you allow a spouse/significant other or minor child to workout with you or follow the meal plans, that third party is subject to follow this Agreement as if that third party is a payment Member. 

XXIX. No Waivers 

  A. No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach. 

B. No waiver of any breach of any provisions of a contract under this Agreement shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

XXX. Notices

  A. To You

    1. We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide or (ii)by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

  B. To Us

    1. To give us notice under these Terms, you must contact us as follows: (i) by email to cindynewland@hotmail.com; or (ii) by Facebook Messenger either to Cindy Newland or the public Cindy’s Fun N Fit Group Facebook Page. We may update the email address for notices to us by posting a notice on the Site. Notices provided by email or Facebook Messenger will be effective immediately.

Acknowledgement of Understanding: You have read the responsible use and conduct, waiver of liability, assumption of risk , disclaimer and indemnification and hold harmless agreement, fully understand its terms, and understand that you are giving up substantial rights, including your right to sue. You acknowledge that you are agreeing to these terms and conditions freely and voluntarily and intend by checking the box next to the membership request to be a complete and unconditional release of all liability to the greatest extent allowed by law.

By joining Cindy’s Fun N Fit Group (Cindy’s Functional Fitness, L.L.C.), member is agreeing to be legally bound by the terms and conditions of this Agreement contained herein. Again, welcome to Cindy’s Fun N Fit Group!