These Terms of Service (“Terms”) govern your use of DCA Consulting Inc.’s health and fitness coaching website 50fabulousandfun.com (the “Website”). Please read these Terms carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

  • Use of the Website

a. Eligibility: You must be at least 18 years old or have the legal capacity to enter into a contract to use the Website. By using the Website, you represent and warrant that you meet these requirements.

b. User Account: In order to access certain features of the Website, you may be required to create a user account. You agree to provide accurate, complete, and up-to-date information during the registration process. You are solely responsible for maintaining the confidentiality of your account and password. You agree to notify us immediately of any unauthorized use of your account.

c. Prohibited Activities: You agree not to use the Website for any illegal or unauthorized purpose. You further agree not to violate any laws, regulations, or third-party rights while using the Website. Prohibited activities include, but are not limited to, the following:

i. Uploading or transmitting any harmful or malicious content;

ii. Attempting to gain unauthorized access to the Website or its servers;

iii. Interfering with the proper functioning of the Website;

iv. Harassing, intimidating, or threatening other users;

v. Violating any applicable laws or regulations;

vi. Engaging in any fraudulent activity.

  • Health and Fitness Information

a. Disclaimer: The information provided on the Website is for general informational purposes only and is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider before starting any fitness or nutrition program.

b. Assumption of Risk: By using the Website and participating in any health or fitness programs, you acknowledge and accept the inherent risks associated with physical exercise and the use of health and fitness information. You agree to assume full responsibility for any injuries, damages, or losses that may result from your participation in any activities suggested or recommended on the Website.

c. Personalized Advice: Any health and fitness information provided on the Website is general in nature and may not be suitable for everyone. The information provided does not take into account your individual circumstances, and any recommendations should be tailored to your specific needs. Always consult with a qualified professional before implementing any changes to your health and fitness routine.

  • Intellectual Property

a. Ownership: The Website and its content, including but not limited to text, graphics, images, videos, logos, and trademarks, are the property of DCA Consulting Inc. or its licensors and are protected by intellectual property laws. You may not modify, reproduce, distribute, or create derivative works based on any content from the Website without prior written permission.

b. User Content: By submitting any content, including testimonials, reviews, or comments, to the Website, you grant DCA Consulting Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

  • Limitation of Liability

a. Disclaimer: To the maximum extent permitted by applicable law, DCA Consulting Inc. disclaims all warranties, express or implied, regarding the Website and its content. The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, including but not limited to fitness for a particular purpose, non-infringement, or accuracy.

b. Limitation of Liability: In no event shall DCA Consulting Inc. or its directors, officers, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way connected with your use of the Website, whether based on contract, tort, strict liability, or any other legal theory, even if advised of the possibility of such damages.

  • Termination

DCA Consulting Inc. may, in its sole discretion, terminate or suspend your access to the Website at any time, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

  • Miscellaneous

a. Governing Law: These Terms shall be governed by and construed in accordance with the laws of New York State. Any dispute arising out of or relating to these Terms shall be submitted to the exclusive jurisdiction of the courts located in New York State.

b. Severability: If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such provision shall be deemed to be modified to the minimum extent necessary to make it valid and enforceable. The remaining provisions of these Terms shall remain in full force and effect.

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