Terms of Use

Last updated: January 12, 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 you start to use 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 including the agreements incorporated by reference herein, 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 has to offer. We require that each user follow and abide by our terms of use for the best and highest good of all. A 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:

1. Do not share your account credentials (email and password) with anyone. A user membership is for one individual. Sharing your account with someone else will put you at risk of having your account terminated.
2. 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.
3. 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.
4. Please use your own name when posting to the discussion forums. Do not impersonate anyone else.
5. Treat other users with respect when posting messages to public forums and discussion pages. Abuse, name-calling, or maliciousness is not allowed.
6. 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.
7. 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 to use it for advertising and promotion. You grant to this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, 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 card or credit card, you permit us to charge your credit or debit card as payment for your Program, Product, or Service, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice instead, you are required to 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. Per our Privacy Policy, please make sure that you review the privacy policy of our payment processor. If you purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products or Services (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, 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. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that are incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products or Services, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. 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 with your Program, Product, or Service is important to us. We offer a Positive Results Policy for the following programs: Lift, and Overcome Pelvic Pain for Women. You agree to complete the program in full (all guided actions within the program) and if you do not get meaningful positive results, a refund will be issued (minus a transactional fee due to payment processing charges). Our conditions: we ask that you follow the program, and can show that you did so with proof of completing the program (such as screenshots, user logs via our website, and photos). Please note that we will also check logs of your course completion from our end. If you still don’t experience meaningful results, notify Vibrant Pelvic Health within the first 60 days (for Lift) or 90 days (for Overcome Pelvic Pain), and a refund-less-transactional fee will be issued. 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 for the following programs: Momentum, and The Experience. All sales are final for these individualized wellness offerings.

Termination

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an e-mail to [email protected]. We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an email to the e-mail address you provided upon purchase of the Program, Product or Service. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion. 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 train in the material described on this website, to consult a licensed physician to obtain complete medical information on his or her ability and limitations. It is your responsibility to follow the direction of a licensed physician. 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 from time to time 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 following the posting of 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 are 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 services 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, Services and Program Materials is 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 as to 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. By purchasing and/or using our Programs, Products, Services or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer, which may be found, on our Website. 

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, and 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 which 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]