**Updated 20th May 2018 – For GDPR (General Data Protection Regulation)
**Updated 17th May 2019 – For PCI Compliance Terms Covered In This Document
Although not quite as riveting as our great articles, videos, and programs, we believe this is an important page. Read on.
Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website. Sponsor reserves the right to modify this Agreement at any time, and you agree to review the Agreement periodically to be aware of such modifications, and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. You acknowledge and agree that you will consult with your physician if you have any questions or wish to seek advice regarding a medical condition, your diet, nutritional supplements, an exercise regimen or any other matter related to your health or general well-being. The Sponsor cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any material or the suitability or safety of any product provided on this website. You bear sole responsibility for your own health and diet research and decisions.
FIT MOTHER PROJECT LLC
9816 E. Casitas Del Rio Dr.
Scottsdale, AZ 85255
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
It is the intent of FIT MOTHER PROJECT LLC (“Sponsor”) to operate products through this Website consistent with the work of Dr. Anthony Balduzzi, NMD. However, Sponsor is not a healthcare practitioner or provider. To the extent that any information is provided through this Website, it is for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by the Sponsor or any of the Sponsor's related companies, agents, employees, consultants or service providers. If you have or suspect that you have a medical problem, contact your health care provider promptly. You should not use the information on this Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professionals before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you have or suspect that you have a medical problem, promptly contact your healthcare provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you on our Website DOES NOT create a doctor-patient relationship between you and any of the physicians affiliated with our Website. Information and statements regarding dietary supplements available on this Website have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
I understand I should consult a physician before beginning any exercise or nutrition program, including anything found at The Fit Mother Project. I fully assume all risks from any exercise or nutrition program I voluntarily participate in from The Fit Mother Project, and I release Sponsor and Dr. Anthony Balduzzi from all legal liability. I understand that exercise programs by their nature carry a risk of injury and bodily harm. I understand that using the exercises Anthony recommends in the videos will greatly reduce the risk of injury, but as with any exercise program, the risk of injury can never be totally eliminated.
GENERALLY EXPECTED RESULTS FROM FIT MOTHER 30X, FIT MOTHER PROJECT PRODUCTS, AND OTHER FMP PRODUCTS:
Although our products are intended to be fully implemented, and we work hard to ensure it's easy to do so, the typical user of virtually all education products treats them in much the same way they treat a book. The vast majority read or skim through it once, then do not implement the program or take any recommended action based. The results of our exercise methodology are intangible, and not measured in fat loss, muscle gain, abdominal definition, or other positive results of any kind. And even when consumers implement our product in full, more often than not they do not report increases in fat loss, muscle gain, abdominal definition, or other positive results of any kind. Reports of specific fat loss, muscle gain, abdominal definition, or any positive results of any kind should, therefore, be understood as the exception rather than the rule. Consumers who use our products can generally expect not to see any increase in fat loss, muscle gain, abdominal definition, or positive results of any kind. It is entirely possible you will gain fat, lose muscle, lose abdominal definition, and experience other negative outcomes as a result of the advice contained in our products.
Testimonials found at fitmotherproject.com and/or other websites owned by FIT MOTHER PROJECT LLC are unverified results that have been forwarded to us by users of our programs, and may not reflect the typical purchaser's experience (as are described above,) may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at fitmotherproject.com and/or from FMP. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of the program, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get.
First and foremost, we are extremely committed to protecting your privacy and security. Because this site is owned and operated in the United States of America, we do not represent that the information and materials on this site are appropriate or even available for usage in other locations worldwide. Any person choosing to access our amazing health content from places outside the United States of America do so on their own initiative and discretion. We, therefore, are not responsible for compliance with any local laws.
External Sites & Their Policies
This Site is committed to providing you with the best information. To do so, the Site contains links to other websites such as links to other great blogs and stores that may offer information, products, or services that our customers might find useful. It is likely that these sites may request information from you. In such instances, the collection and use of your information will be under the terms and privacy policies of that particular site. We do not control the privacy policies of any Sites we link to, and, as always, we want you to review the privacy policies and terms of us for any Sites we may link to.
All About Information Collection
As a visitor to our Sites, you can read great articles and watch compelling videos without providing any personal information. It is completely optional to enter information into the online forms on our Sites. By doing so, we collect information from you in order to support your participation and engagement in the activities you willingly select. For example, if you enter your information for our free 1-day weight loss meal plan, we use your information to send follow-up training to the proper email address in addition to keeping you informed through periodic emails about new products, services, issues, and upcoming events.
Right To Access
It is your right to be able to obtain confirmation as to whether or not your personal data is being processed, where and for what purpose. Further, upon your request, which can be sent via email to [email protected], or to the postal address noted above, we shall provide you with a copy of the personal data, free of charge, in an electronic format.
Right To Rectification
It is your right to obtain from us, without undue delay, the rectification of inaccurate personal data that we may hold. Taking into account the purposes of the processing, you have the right to have any incomplete personal data completed, including by means of providing a supplementary statement. Any request for rectification can be sent to [email protected] or to our postal address noted above.
Right To Be Forgotten
If you wish to be removed from any postal, email, phone, or other lists, please let us know by emailing us at [email protected] If you prefer to do so, you can also write us at the contact information above. Please provide us with your exact name, email address, mailing address, and phone number, and we will be sure your name is removed from the appropriate lists immediately. As stated above, the privacy of your personal information is extremely important to us. Therefore, except otherwise provided in this policy, we will never intentionally disclose any of your personal information to any third party without having explicitly received your permission.
Right To Data Portability
It is your right to receive any personal data that we hold, which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from us, where:
1. The processing is based on your consent, and the processing is carried out by automated means.
2. In exercising your right to data portability, you shall have the right to have your personal data transmitted directly from us to another, where technically feasible.
Technical Information & Cookies
When you use our Sites, we, or our authorized technology services provider, may also collect technical and routing information from you, so that we can help facilitate your use of the Site and its services. The purpose of this information is as follows. To administer and measure traffic patterns on the Site, so that we know which areas of our sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve the service we provide to those we serve. Do note that the information is collected in aggregate form—non-technically speaking this means that this information does not identify you or any user individually. We may use this aggregate, non-identifying data for statistical analysis, marketing, or similar promotional purposes. Most often, this data is tracked by us, or our technology services provider, by using “cookies” during your visit. Technically speaking, a cookie is small amount of data that is transferred to your browser by a web server, and this information can only be read by the website that provided the cookie to you. Essentially, the cookie functions as your identification card, which helps us provide you with the highest quality of service through the means of recording your preferences, purchases, and password. Cookies are not able to deliver any type of computer virus! Although most browsers have a default setting to accept cookies, you can modify your browser to notify you when you receive a cookie—thereby giving you the chance to decide whether or not to accept it.
Closing Privacy Thoughts
For your convenience, you may create an account on this Website (an “Account”). To protect your Account, you should choose a unique username and password that is not a name, birthday, street address, or other personal commonly known information associated with you. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Account or password. You also agree to provide us with accurate, complete and current information, and to update information provided to us if and when such information should change. We reserve the right to cancel your Account for any reason at any time, in our sole discretion.
By creating an Account with us or by sending e-mails to us, you are communicating with us electronically. We will communicate with you by e-mail or by posting notices on this website. You consent to receive communications from us electronically. Further, you agree that all communications including but not limited to agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Purchases. Products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Sponsor or an authorized third party on Sponsor's behalf to supply certain PII, including without limitation, your full name, address, telephone number and credit card information. You agree to provide Sponsor or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of this Agreement. You shall be responsible for all charges incurred through your account as well as for paying any shipping and handling charges, and applicable taxes.
Payment. Your right to purchase products that are available for purchase through the Website is conditional on our receipt of payment for such products. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.
Disclaimer of Warranties
Visitors acknowledge and agree that their use of any product purchased through this website is at their sole risk. Sponsor expressly disclaims and has no responsibility for how you use the products provided through the website, and makes no promises, guarantees, predictions of success or any claims to special experience, insight, or expertise in providing the website. No information obtained from sponsor, whether provided orally or in writing, shall create any express or implied warranty. Sponsor shall have no liability, obligation or responsibility to any person or entity for any loss, damage, injury or adverse consequence alleged to have happened directly or indirectly as a consequence of using the products sold on this website. Specifically, sponsor disclaims any implied warranties of merchantability, and fitness for any particular purpose. Users assume all risks inherent with microwave cooking, including possible risks of cancer and other undesirable health consequences.
Sponsor makes no guaranty of continuous, uninterrupted or secure access to the website. Operation of the website may be interfered with by numerous factors outside of the control of the sponsor.
You shall indemnify and hold harmless Sponsor from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys' fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Sponsor, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with your use of our Website, your connection to our Website, your purchase of products or services from this Website, your breach of this Agreement, or your violation of any law or the rights of a third party.
Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific goods, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Sponsor shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Risk of Loss
All items purchased from the Website are shipped pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
Sponsor attempts to be as accurate as possible. However, Sponsor does not warrant that the product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. The appropriateness of use of a given product may vary depending on circumstances. Information may and is subject to change. If you believe a product offered by through the Website does not meet the product description, your sole remedy is to return it in unused condition.
You may return any product purchased on the Website within 30 days of delivery for a full refund. Once we have received and processed the returned product, we will notify you via e-mail of your refund. We will strive to issue a refund within 15 business days of our receiving your return. If you have not received a refund within 25 business days from the day you sent us your return, please e-mail us for further assistance.
We accept the following credit cards: Visa; MasterCard, Discover, and American Express. We also accept check cards from Visa and MasterCard. Our secure server encrypts all credit card information you enter. Occasionally, a request for credit card authorization fails before the card is finally authorized. If we experience difficulties in authorizing your credit card, we will notify you by phone or e-mail.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Sponsor by this Agreement.
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of Arizona. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
We offer a 100% money back guarantee on all of our programs – including membership sites for 60-days after the initial purchase. To initiate a refund, simply email support[email protected] with your order number, and we will give you a full, prompt, and courteous refund within 1-3 business days. These guarantees are also outlined on all of our product and program sales pages.
Creative Submissions & Comments
We are always trying to grow and develop our brands to better serve the world. We welcome your comments about any of our Sites; however, we will neither consider nor review any unsolicited creative submissions or suggestions for topics within our newsletters, articles, products, or videos. We have this policy to avoid the possibility of future misunderstandings in the event that the ideas developed internally from our amazing creative team and staff may be similar to any ideas submitted to us. Therefore, we must ask that you refrain from sending us your creative ideas, suggestions, or materials. If, in the event that you ignore our request, and do send us suggestions (“Submissions”), it shall become our intellectual property. We will, therefore, not be held liable for any use or disclosure of any Submission. In the case that you submit something unsolicited to us, we will own all rights to the Submission worldwide and will be entitled to the unrestricted use of said Submission for any purpose. The use of the Submission will be without compensation or notification to the provider. Given these facts, we do ask that you refrain from providing unsolicited “Submissions”—particularly those that are confidential or personal to you.
We can not and do not maintain any responsibility for contents, advertising, products, or other materials made available through any other site—including those we link to. Under no circumstances will we be held liable, directly or indirectly, for any damage or loss that is caused or alleged to be caused to you in connection with your use of anything on any other site. We reserve the right to rescind any permission to link to our Sites and do require the termination of any such link to any of our Sites at our discretion.
Forums & Membership Areas
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
Class Action Waiver:
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Sponsor, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Limitation of Liability
Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged caused to you in connection with your use of any advice, goods or services on the Sites. This policy extends to any advice, goods, or services provided from a guest speaker on our Sites or live events. In no event shall the total liability to you by us or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing the Sites.
By using our Sites and Programs, you acknowledge that your participation in using the information contained on FitMotherProject.com, The FitMother 30X Program, The Fit Mother For Life Membership, and all other programs and supplements associated with our Sites and partner site www.FitFatherProject.com is at your own sole risk.
You are advised to consult with your personal physician before participating in any diet or exercise program or taking any supplement. By purchasing our programs, using the materials on our Sites, or consuming any supplements associated with Company and Sites you hereby agree to expressly assume and accept sole responsibility for the risk of injury or death.
I understand I should consult a physician before beginning any exercise or nutrition program, including anything found at The Fit Mother Project. I fully assume all risks from any exercise or nutrition program I voluntarily participate in from The Fit Mother Project and I release The Fit Mother Project and Fit Mother Project LLC from all legal liability. I understand that exercise programs by their nature carry a risk of injury and bodily harm. I understand that using the exercises the Fit Mother Project recommends in the videos will greatly reduce the risk of injury, but as with any exercise program, the risk of injury can never be totally eliminated.
Testimonials found at fitmotherproject.com and/or other websites owned by Fit Mother Project LLC are unverified results that have been forwarded to us by users of our programs, and may not reflect the typical purchaser’s experience (as are described above,) may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found at fitmotherproject.com and/or from FMP. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history. Again, it is possible that even with perfect use of the program, you will not achieve the results described in testimonials. They are meant to be a showcase of the best results the program has produced, and should not be taken as the results a typical user will get.
With everything we do on all of our Sites, we have taken the utmost effort to ensure that we have accurately represented the ability of our programs, videos, Sites, and newsletters to improve your life and health. However, we, unfortunately, cannot guarantee that you will get any results such as improving energy, reducing stress, or losing weight by using any of our ideas, tools, strategies, or recommendations. We don’t believe in “get rich” or “lose fifty pounds overnight” type programs, and nothing on any of our Sites represents a promise of guaranteed results or earnings. In reality, your success in creating lasting health and creating weight loss is dependent upon a myriad of factors—including but not limited to your dedication, commitment, knowledge, and abilities. We hold the belief that your results in life are ultimately up to you, and our sole intention is to help by providing amazing content, direction, and strategies that have to potential to move you forward in your health and wellness. Nothing on this page or any of our websites is a promise or guarantee of results or future health improvements or earnings, and we do not offer any medical, nutritional legal, tax, or other professional advice. Any forward-looking statements outlined on our Sites are simply our opinion based on our experience, and thus are not guarantees or promises for actual performance.
Weight Loss Disclaimer
Due to recent statements from the FTC, it is required that we identify what a typical result is. The truth: most people never do anything with the products they buy, so most of the time, their typical results are zero. The biggest factor is you. There is no such thing as a weight loss Silver Bullet. Commit to your health, establish the behaviors that will make you successful, and only then will you see results with your body.
Although we believe health and fitness should be a part of every person on this planet’s life, the Sites are not directed to children under the age of 13. Therefore, we will not knowingly collect personally identifiable information from children under 13. On our Sites, we will occasionally discuss mature topics, and by consequence use language relating to personal and wellness growth. Any users who are uncomfortable with such topics or language should not use our Sites, and by using our Sites, you agree to abide by any such restrictions.
FIT MOTHER PROJECT LLC
9816 E. Casitas Del Rio Dr.
Scottsdale, AZ 85255