Last Updated 12/1/2023

Welcome to Be FIY!

These terms and conditions outline the rules and regulations for the use of Be FIY's Website, located at https://befiy.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Be FIY if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. Our Terms and Conditions were created with the help of the Terms & Conditions Generator.

Adult Usage Only

This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are eighteen (18) years or older.

Accuracy of Information Provided by You

You agree that all information you provide Be FIY is true, current, complete and accurate. You also agree that you will update your information as needed to keep it true, current, complete and accurate. You hereby agree to notify us within five (5) business days of a change in any information you provided us. Such notices may be sent to: BeYou@BeFIY.com Failure to provide such new information will constitute a material breach of the terms of this TOU and may lead to the suspension or termination of your account. You warrant that you provided notice to, and obtained consent from, any third-party whose personal data you supply to Be FIY. You further warrant that to the extent you provided personal data about a third-party to Be FIY, you provided that third-party with notice about this Site’s TOU and Privacy Policy. You agree to accept all liability and consequences resulting from your failure to provide notice or receive consent from such individuals or for your providing outdated, incomplete or inaccurate information.

Payment of Fees

Be FIY may charge you for services in conjunction with using the Site, including but not limited to consulting and coaching fees. We may assess and collect from you fees, surcharges, or other supplemental payment requirement imposed on Be FIY by any governmental, regulatory, or financial institution or entity. You may make payments to Be FIY by various methods, which may include bank wire, ACH (electronic bank) transfer, electronic fund transfer, valid credit card, Paypal/ Stripe or check. Be FIY reserves the right to expand or limit its payment options.

In conjunction with each payment you make to Be FIY, or in which a third-party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid Paypal/Stripe account and credit card information). Further, you understand and agree that any declined payment may be lead to additional fees (e.g., returned check fees) and to the suspension or termination of your Be FIY services. You also understand and agree that you are solely responsible to ensure prompt payment of all fees to Be FIY and that Be FIY is under no obligation to retain, preserve or otherwise maintain your information, account, or services associated with your account if your account is in default.

Billing/Invoicing Policy

The following terms apply regardless of the method of payment:

You must pay for amounts due consistent with the billing terms provided on the Site or any invoice; Late fees and/or interest will be charged on overdue balances. Deposits are non-refundable. You will be responsible for remaining balance at time of service.

Refund Policy

All fees paid to Be FIY are non-refundable. No refunds will be provided to you if you cancel your services prior to the end of the services term. Further, you will not be entitled to a refund if we suspend or terminate your services for cause.

Please note there are NO refunds on our digital products

Cookies

We employ the use of cookies. By accessing Be FIY, you agreed to use cookies in agreement with the Be FIY's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Be FIY and/or its licensors own the intellectual property rights for all material on Be FIY. All intellectual property rights are reserved. You may access this from Be FIY for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

Republish material from Be FIY

Sell, rent or sub-license material from Be FIY

Reproduce, duplicate or copy material from Be FIY

Redistribute content from Be FIY

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Be FIY does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Be FIY,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Be FIY shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Be FIY reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Be FIY a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

Government agencies;

Search engines;

News organizations;

Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.

We may consider and approve other link requests from the following types of organizations:

commonly-known consumer and/or business information sources;

dot.com community sites;

associations or other groups representing charities;

online directory distributors;

internet portals;

accounting, law and consulting firms; and

educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Be FIY; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Be FIY. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

By use of our corporate name; or

By use of the uniform resource locator being linked to; or

By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site.

No use of Be FIY's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Affiliate Disclosure

Important:

In compliance with the FTC guidelines, please assume the following about links and posts on this site:

A few links on befiy.com are affiliate links of which I receive commission from sales of certain items.

If I post an affiliate link to a product, it is something that I personally use, support and would recommend even without an affiliate link.

This website is owned and operated by Independent Consultant of Affiliate Programs, and is not endorsed by them. Any opinions expressed on this website are made by and the responsibility of the Independent Consultant and should not be construed as a representation of the opinions of the companies.

There are no promises or guarantees that any Independent Consultant will be financially successful, as each Independent Consultant’s results are dependent on their own skill and effort. You should not rely on the results of other Independent Consultants as an indication of what you should expect to earn.

At present, Be FIY does not allow ads, so clicking on any links in my sidebar or to posts within my site or to non-affiliate link external sites will not earn me commissions in any way.

My first priority is always providing valuable information and resources to help you create positive changes in your life, and I will only ever link to products or resources (affiliate or otherwise) that fit within this purpose.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Be FIY is not a certified nutritionist nor medical doctor and make no claims to the contrary. Each individual’s dietary needs and restrictions are unique to the individual. You are ultimately responsible for all decisions pertaining to your health. Consult your licensed medical doctor. This information is not presented by a medical practitioner and is for educational and informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read. Since natural and/or dietary supplements are not FDA approved they must be accompanied by a two-part disclaimer on the product label: that the statement has not been evaluated by FDA and that the product is not intended to “diagnose, treat, cure or prevent any disease.”

Blogs

Be FIY do not claim to cure any cause, condition or disease. Be FIY does not provide medical aid or nutrition for the purpose of health or disease and claim to be a medical doctor or dietitian. This is based on my own personal opinions and research which Be FIY is sharing for educational and informational purposes only. Acknowledgment and Consent to Receive Services: I have read and understand the above disclosure about the Wellness Science Expert (Alternative Holistic Health and Wellness) session(s) offered by Be FIY’s training , teaching and education. I have discussed with Be FIY the nature of the services to be provided. I understand that Be FIY is not a licensed physician and that services are not licensed by the state. I understand it is my responsibility to maintain a relationship for myself with a medical doctor (license health care provider). I have consented to use the services offered by Be FIY, and agree to be personally responsible for the fees of Be FIY in connection with the services provided to me. Before starting a diet, nutrition or weight loss program, consult a qualified health care practitioner.

Content is reference purposes and is not a substitute for advice from a licensed health-care professional. You should not rely solely on this content, and assumes no liability for inaccuracies. Always read labels and directions before using a product. Statements regarding products have not been evaluated by the FDA, and these products are not intended to diagnose, treat, cure, or prevent any disease or condition. Therefore, we do not diagnose illness or prescribe pharmaceuticals. None of the information offered here is intended to replace any program that your medical physician has prescribed for you, nor does it conflict with any pharmaceutical medication you are taking. Be FIY does not guarantee the accuracy of information on the featured blog of the week. The featured blog of the week does not endorse, support or financially compensate Be FIY for inclusion in this blog. Any use of copyrighted material from the featured website is based on fair use.

Nutritional Guide

We are nutritional consultants and make suggestions relating to nutrition. None of the information offered here is intended to replace any program that your medical doctor has prescribed for you, nor does it conflict with any pharmaceutical medication you are taking.

Beauty Care

Be FIY offer Beauty consulting expert advice from personal and professional experience: The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use.

Disclaimer of Warranties

Be FIY expressly disclaims all representations and warranties, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The site services and any related software or services are provided on an “as is” and “as available” basis. Unless otherwise provided in writing and signed by an authorized agent of Be FIY, be FIY does not warrant that site services will meet your requirements, or that site services will be uninterrupted, timely, secure, or error free. Be FIY does not warrant the results that may be obtained from the use of site services, the accuracy or reliability of any information obtained through the site, or the quality or completeness of any services provided through the site or its users. Except as explicitly written in a document signed by an authorized by be FIY.

Be FIY provides no warranty regarding the goods or services purchased or obtained from the site. Be FIY, or any third-party associated or affiliated with Be FIY. Be FIY does not warranty or guarantee any of its users compliance with law, including but not limited to employment laws. Users who use this site in conjunction with an employment application do so at their own risk. Be FIY is not responsible for third-parties’ unlawful activities regardless of whether the site’s services are involved.

There are no guarantees about the results of teaching, coaching and consulting sessions. You may not obtain the same or similar results as other clients or anecdotes shared by Be FIY teaching, coaching or consulting. Client is solely responsible for his/her results, and agrees that Be FIY is not responsible for any injury, harm, or negative outcome that may result from teaching, coaching or consulting services provided under this site, goods sold from the site, or any other good, service or things related to the site.

Choice of Law, Jurisdiction and Venue

All purchases from Be FIY are deemed made within the State of California. The terms and conditions of this TOU and the Privacy Policy shall be interpreted and construed in accordance with the laws of the State of California, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction. You agree that any claim, dispute, action or litigation based hereon, relating to or arising out of this TOU, the Privacy Policy, or related to Site services provided by Be FIY to you shall be brought and maintained exclusively in the state or Federal courts located in Kern County, California. Similarly, you agree and irrevocably submit to the jurisdiction of the State or Federal courts located in Kern County, California for the purpose of any such litigation as set forth above. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation has been brought in an inconvenient forum.

Exclusive Remedy and Damages Cap

You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Be FIY related to the Site, this TOU, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services. In no event shall any Be FIY be liable for any consequential, incidental, indirect, special, punitive, or other damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, any pecuniary loss related to the cost of procurement of substitute services, lost earnings, wages, back wages, future wages, or statutory penalties related to employment matters) arising out of or relating to the use of this site, inability to use the site, or any other harm you claim in which Be FIY may be responsible.

Time Limitations For Action

Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by Be FIY must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Waiver of Jury Trial

Each of the parties hereto hereby waives any right to a trial by jury in any action or proceeding to enforce or defend any rights under this TOU, the privacy policy, or related to site services. Such waiver also applies to the determination of any award of attorneys’ fees.

No Third Party Beneficiaries

Except as expressly provided herein, nothing in this TOU is intended to confer upon any third-party any rights, remedies, obligations, or liabilities.

Restriction of Assignment

You may not assign any of your rights or delegate any of your duties under this TOU without the prior written consent from Be FIY. Any attempt by your creditors or another third-party to obtain an interest in your rights under this TOU Policy is voidable at Be FIY’s option.

Successors and Assigns

Except as otherwise expressly provided herein, this TOU shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.

Non-Waiver

No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOU shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Be FIY in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Be FIY’s election to not assert its rights under this TOU shall not preclude Be FIY from asserting its rights in the future.

Severability of Terms

If any provision of this TOU or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in this TOU, which is held illegal, unenforceable, or invalid would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.

Attorneys’ Fees

If Be FIY prevails in any action, suit, or proceeding arising from or based upon this TOU, Be FIY shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.

Headings

The headings in this TOU are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.

California Residents Only

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Legal Advice

Be FIY does not offer legal advice or services to users. Users of the site services are encouraged to obtain their own counsel regarding their rights and responsibilities under this TOU and any agreement entered into with any third-party. Further, Be FIY does not provide any legal advice or warranties regarding the legality of the terms and conditions contained within agreements between users of this site.