Terms of Service
Acceptance of Terms of Service:
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.
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.
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.
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.
Renewal Policy: To the extent you have services provided from Be FIY that are subject to renewal, you are solely responsible for ensuring that any such services are renewed. Be FIY shall have no liability to you or to any third-party regarding the renewal or non-renewal of any services. Similarly, if you have services you wish not to renew, you are responsible for terminating the services and/or informing Be FIY that you do not wish to have the services automatically renewed. As noted above, you will not be entitled to a refund if you fail to disable the automatic renewal feature for any services. Any renewal of your services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
Late Fees/Interest: If you miss a payment or have an overdue account, you will be assessed a onetime late fee of $75.00. You will also be charged fifteen percent (15%) interest on your past due balance. The interest rate is calculated on a continuously compounded basis.
Many of these links are affiliate links, which means Be FIY may get a commission if you choose to purchase. However, none of the fees of these resources have been increased to compensate Be FIY. Please know Be FIY have experience with all of these companies, and Be FIY recommend them because they are useful products and not because of the small commission Be FIY may earn.
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 NOTWARRANT 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 AGENT OF 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 COACHING OR CONSULTING SESSIONS, SERVICES PROVIDED UNDER THIS SITE, GOODS SOLD FROM THE SITE, OR ANY OTHER GOOD, SERVICE OR THINGS RELATED TO THE SITE.
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 six (3) year after the cause of action arose; otherwise, such cause of action is permanently barred.
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 FIYfrom asserting its rights in the future.
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.