Terms of Use
Last updated: July 25, 2024
The following Terms of Use are entered into by and between You and FemFusion Wellness LLC (sometimes referred to as “Company” or "VPH").
The following terms and conditions, together with any documents they expressly incorporate by reference collectively, these “Terms of Use” govern your access to and use of VIBRANTPELVICHEALTH.COM, including any content, functionality and services offered on or through VIBRANTPELVICHEALTH.COM, whether as a guest or a registered user.
Please read the Terms of Use carefully before using the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Vibrant Pelvic Health, a division of FemFusion Wellness LLC, requires that all users read and agree to the following terms of use, subscription, copyright statements, statement of limited liability, and warnings. Vibrant Pelvic Health may also be referred to as: VPH.
We invite our users to enjoy all the features this site offers. We require that each user follow and abide by our terms of use for the best and highest good of all. Failure to abide by these rules can result in immediate termination of access to this site without a stated refund or recourse.
Terms of Use:
- Do not share your account credentials (email and password) with anyone. A user membership is for one individual. Sharing your account with someone else could result in your account being terminated.
- Do not reprint, republish, repost, or otherwise distribute or transmit content presented on this site. Unauthorized use of or copying of our content, trademarks, and other proprietary material can subject you to civil or even criminal liability. We ask that you do not violate our copyright.
- No advertising, trading of goods or services, or other commercial use is allowed in the community section of the website, whether through person-to-person communication or on a public forum.
- Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
- When posting messages to public forums and discussion pages, treat other users with respect. Abuse, name-calling, or maliciousness is not allowed.
- Do not use vulgarity, obscenity, profanity, ethnic slurs, hate speech, or sexually explicit language in any written, verbal, or video communications. Do not harass or threaten other users in the forums, discussion pages, and person-to-person messages to other users or with your instructor. No libel or defamation is allowed.
- When you post content in the user forums, discussion boards, or other public avenues on the site, you permit this site to display and distribute the content and use it for advertising and promotion. You grant this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, etc., the content in whole or in part on a royalty-free basis.
We reserve the right to edit or remove any postings in public user forums or discussion boards. The person posting a message is solely responsible for it, not this site. Violators may be permanently banned from using the forums or even have their user memberships terminated.
Additional Terms and Conditions:
Purchases and Online Commerce
If paying by debit or credit card, you permit us to charge your credit or debit card as payment for your Program, Product, or Service. We offer single payment options and payment plan options. Payment plans are not subscriptions that can be canceled; rather, they are installment plans that you agree to fully pay via monthly payments.
Should you be provided with an electronic invoice (i.e., via PayPal, Venmo, Stripe, etc.), you must manually pay it by the date due on the invoice, or your Program, Product, or Service will be put on hold until payment is made. If payment is not received by the date due, you will have a short grace period to make the payment; otherwise, the Program, Product, or Services will not continue, and we reserve the right to cease your access immediately and permanently.
If you fail to make payment promptly following these Terms of Use or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, you still will remain responsible for the full cost of the Programs, Products, and/or Services.
All information obtained during your purchase or transaction for our Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company. Please review our Privacy Policy.
If you purchase from one of our affiliates or any other individual or company ("Merchant") through a link provided on or through our Programs, Products, or Services, all information obtained during your purchase or transaction may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products or Services, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur and agree not to assert any claims against us or them arising from your purchase through or use of our Website or its Content.
Refund Policy
Your satisfaction is important to us. We offer a Positive Results Policy for the following programs: Lift, and Overcome Pelvic Pain for Women. You agree to fully complete the program (i.e., all guided actions within the program, including all lessons within each module and community participation). If, after fully completing the program, you do not get results that have positively impacted your life in some way, you may request a refund (minus a $50 transactional fee due to credit card service fees, payment processing charges, and staff time). Our conditions: we ask that you follow the program with 100% effort and show that you did so with proof of completing the program and community participation (such as screenshots, user logs via our website, and/or photos). Please note that we will also check logs of your course completion from our end. No refunds will be provided beyond the 60-day (for Lift) or 90-day (for Overcome) window of your initial purchase.
No refunds will be offered or granted for one-time workshops, one-on-one coaching services, or other programs offered. All sales are final for these individualized wellness offerings.
Reversals and Chargebacks
We consider chargebacks and bank reversals as potential cases of fraudulent use of our services and/or theft of products and services. PLEASE CONTACT US BEFORE CONTACTING YOUR CREDIT CARD OR BANK ABOUT CHARGEBACKS OR REVERSALS.
We reserve the right to challenge the chargeback claim and file a complaint with the appropriate authorities for investigation. Be advised that all activity and IP address information is being monitored and that this information may be used against a client if there is fraudulent use or theft of services.
If a reversal or chargeback claim is filed with the cardholder's bank, refund requests will be denied to prevent fraudulent activity attempting to obtain multiple refunds.
Sales
Occasionally, we may offer time-limited discounts or special offers. Such promotions apply exclusively to purchases made during the specified promotional period. Purchases made before the beginning of a promotion are not eligible for retroactive price adjustments, discounts, or refunds of any nature.
Termination
You have the right to terminate — without a refund — your use of our Programs, Products, or Services at any time by emailing [email protected]. We reserve the right to refuse or terminate your access to our Programs, Products, or Services, in full or in part, at any time, at our sole discretion, by contacting you via the email address you provided upon purchase. This termination will not override any payment plan you have set up, or the refund policy described above. All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by you or us.
Intellectual Property
You agree that Vibrant Pelvic Health, including but not limited to VPH content, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the VPH, contains proprietary information and material that is owned by FemFusion Wellness LLC, and is protected by applicable intellectual property and other laws, including but not limited to copyright. No portion of the VPH content may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on VPH in any manner, and you shall not exploit VPH in any unauthorized way whatsoever.
Video and Photo Release
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice and/or your likeness. Please note that these postings and recordings may or will be shared with potential clients or other clients who have purchased our Programs, Products and Services.
Request for Permission to Use Content
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by completing the “Contact Us” form on this Website, or by sending an e-mail to [email protected].
Copyright and Trademark Law
All content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.
Outcomes Disclaimer and Individual Responsibilities
VPH cannot guarantee success or any specific outcome from taking this course. Each person’s success and results depend on many factors, including bio-individuality, dedication, desire and motivation. You accept the risk of not achieving your desired results from taking the course. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and outcomes.
VPH disclaims any liability for your reliance on any opinions or advice contained in the course. Any third-party links to products or services are subject to separate terms and conditions. VPH is not responsible for or liable for any content on or actions taken by such third-party websites. Although VPH may recommend third-party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
Limitation of Liability
All information provided by VPH, Dr. Brianne Grogan, PT, DPT, and FemFusion Wellness LLC is general and is furnished for educational/entertainment purposes only. No information is to be taken as medical or other health advice about an individual’s specific health or medical condition. VPH makes no guarantee regarding the accuracy, completeness, timeliness, or relevance of any text, video, or audio content. Any content provided is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. You agree that the use of this information is at your own risk. VPH or our parent company, FemFusion Wellness LLC will not be responsible or liable for any injury or harm you sustain as a result of our programs, online videos, or information shared on our website. This includes emails, videos and text. In no event shall this site, its officers, agents, or employees be liable for any loss or injury, directly or indirectly, incidental, consequential, special or exemplary damages, or any damages whatsoever arising from the use or performance of this website or from any information provided through this website, even if this site has been advised of the possibility of such damages. This site does not warrant that the use or performance of this website will be uninterrupted or free of error, or that the server of the website will be free of viruses. Thanks for your understanding.
VPH home study courses are not a substitute for individualized medical treatment; contact a physician and/or physical therapist in your area for one-on-one evaluation and a personalized treatment plan.
Warning
The authors, instructors, persons appearing in the videos, editor, and publisher are not and will not be responsible, in any way whatsoever, for any use made by anyone, whether proper or improper, of the information contained on this site. All use of the aforementioned information must be made in accordance with what is permitted by law, and any damage liable to be caused as a result thereof, will be the exclusive responsibility of the user.
It is the personal responsibility of anyone planning to use the material described on this website to consult a licensed physician to obtain complete medical information on his or her ability and limitations. VPH and/or any of its contractors or employees shall not be made responsible or liable for directing you on your physical limitations, illnesses, injuries, or other likeness related to your physical, mental, or emotional health.
Do not disregard, avoid, or delay obtaining medical or health-related advice because of something you may have read, heard, or viewed on this site. The use of any information provided on this (or any associated) video or website is solely at your own risk. The information contained in VPH has not been evaluated by the Food and Drug Administration.
Changes To the Terms Of Use
We may revise and update these Terms of Use occasionally at our sole discretion.
All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website after posting the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Privacy
Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Warranties Disclaimer
We make no warranties as to our programs, products, services, or program materials. You agree that programs, products, services, or program materials are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website or content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Program, Product or Service materials or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
Technology Disclaimer
We try to ensure that the availability and delivery of our Programs, Products, and Services are uninterrupted and error-free, including our content and communications through methods like our Website, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services, or Program Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions
We make no warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors, and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, Services or Program Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise, that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Facebook Groups
Our Programs, Products and Services may come with access to a private Facebook Group. These Terms of Use apply to the Facebook Group as well. Further, you understand that Facebook is a public platform. Therefore, we cannot guarantee your privacy for what you voluntarily share in the group, as other people will also see what you post.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Company in asserting any available defenses.
Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, per the American Arbitration Association Rules. Before seeking arbitration, you must send an e-mail to [email protected] and include all of your reasons for dissatisfaction with your Program. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs, Products, or Services, you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process. If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Governing Law
These Terms of Use shall be governed by the laws of the State of Oregon, where FemFusion Wellness LLC is registered, regardless of the conflict of laws principles.
Termination And Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, you hereby consent to resolve any disputes arising under or related to this Website or the Terms of Use under the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Contact Us
The Company welcomes your questions or comments regarding the Terms.
FemFusion Wellness LLC
2355 STATE ST STE 101
SALEM OR 97301 USA
Email Address: [email protected]
