Acceptance of Terms of Service:
In consideration for accessing and using www.BEFIY.COM (the “Site”) and the Site’s services, you accept and agree to be bound by the terms and provisions of these Terms of Use (“TOU”) and the Privacy Policy. These terms apply to and govern your use of all webpages and content contained within the Site.


Modifications to Terms of Service and Privacy Policy:
You understand that the terms of the TOU and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOU and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.
If you disagree with any modification to the TOU or Privacy Policy, you must notify Be FIY(“Be FIY”) in writing within the ten day (10) time period described above and immediately discontinue any Site services.


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.


Billing/Invoicing Policy:
The following terms apply regardless of the method of payment:

  1. You must pay for amounts due consistent with the billing terms provided on the Site or any invoice;
  2. 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 one time late fee of $110.00. You will also be charged fifteen percent (18%) interest on your past due balance. The interest rate is calculated on a continuously compounded basis.


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: 1121 W. Valley Blvd. Ste I-117 Tehachapi, CA 93561; BeFIY4U@gmail.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.


Affiliate Disclosure
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 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 PROCURMENT 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 FIYfrom 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.