Terms of Service

Effective Date: April 10, 2018

The terms “we”, “us”, and “our” refer to Orange Fedora Health and Wellness (“Company”). 

The terms “Site(s)” refers to www.orangefedora.com (“Site(s)”).

On the Site, we provide health and wellness services, coaching, mentoring, workshops, programs, information, recommendations, and products, any of which may be delivered in-person, over the phone, and/or online (“Service(s)”).

The term “user,” “customer,” “client,” “you,” and “your” refers to visitors, users, customers, and clients of the Site and/or Service.

By using our Site and/or Service, whether made available for purchase or not, you are agreeing to the following Terms of Service, our Privacy Policy (located here: Privacy Policy), or any other agreement that governs your use of our Site or Service (collectively, “Agreements”). You should not use our Site or Service if you do not agree with the terms and conditions contained in these Agreements.

USE OF THE SITE AND SERVICE

To access or use the Site and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Site and/or Service without consent from their legal guardian(s).

LAWFUL PURPOSES

You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Site and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. 

ACCOUNT CREATION

In order to use the Site and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Site or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and/or Service, violate any laws. 

REFUSAL OF SERVICE

We reserve the right to refuse access to the Site and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Site and/or Service.

SHIPPING POLICIES

Digital/Virtual Products and Services: The majority of our products and services are delivered to you online in a digital format or via telephone (i.e., no physical products are shipped to you).

Physical Products: Most orders are processed and shipped within five business days after the order is received, not including custom orders. Depending on season, size of order, and number of current orders, an order may take longer to ship. Rush orders are available by special request and may incur additional charges for production or shipping costs.

Domestic orders are shipped via USPS for the amount indicated on purchase page. International orders are shipped via USPS for the amount indicated on purchase page.  You are responsible for all duties, custom tariffs, taxes, and VATs.

The Company is not responsible for delayed shipping of products caused by the shipping carrier or for products that are lost or damaged in transit.

SCHEDULING

Workshops and Programs (online and in-person): Scheduling for these Services will be detailed in their individual descriptions.

Coaching/Mentoring Sessions (individual and group): After your purchase of an individual session or session package, you will be contacted by phone or email within 72 hours to set up your first session.  Each session thereafter will be scheduled at the end of the previous session. Punctuality is important and shows respect for yourself, other clients, and the Company; each session will end 45 minutes after it was scheduled to begin. If you need to cancel or reschedule your appointment, please do so 24 hours in advance; otherwise, you will forfeit that appointment and not have an opportunity to reschedule it.  Your session package expires one year from the date of purchase.

REFUND POLICY

Workshops and Programs (online and in-person): Due to the digital nature of our products and services, as well as the time allocated for coaching/consulting/training/mentoring services included with such, refunds for these purchases are not available. You agree to make timely and full payments to the Company for your purchase prior to beginning the workshop and/or program.

Coaching/Mentoring Sessions (individual and group): Payment in full is required prior to your first session.  Because of the nature of coaching/consulting/training/mentoring services and the time allocated for such, refunds are not offered for completed sessions.  If you choose to terminate your package prior to its completion, your package discount will be forfeited, and you will be charged for single full-priced sessions times the number of sessions completed, as well as a $50 cancellation fee.  The remainder of your package will be refunded to you by the Company within 30 days.

DISCLAIMERS

Orange Fedora Health and Wellness is a wellness company which provides the Services listed above for informational and educational purposes only. Nothing on this Site is or should be construed as medical (the term “medical” is inclusive of psychiatric and psychological) or nursing advice or care, nor should participation in an Orange Fedora Program or Service be interpreted as medical or nursing advice or care.  Nothing on this Site has been reviewed or approved by the Food and Drug Administration. This Site and Services should not be used as a substitute for care by your personal medical/healthcare provider, nor should they be used to diagnose, treat, prevent, or cure any disease, disorder, or medical condition. Please consult with your personal medical/healthcare provider prior to beginning a new diet or exercise regimen.  Please involve your personal medical/healthcare provider in your decisions regarding physical exams, testing, medications, supplements, diagnoses, treatments, and all other questions related to medical or nursing concerns.

The Company may share the successful results of its users or customers on the Site, Service and/or other Company marketing materials without compensation. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results of any kind. By accessing the Site and/or Service, you accept, agree and understand that you are fully responsible for your progress, results, and choices related to your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Site and/or Service is a promise, warranty or guarantee to you of such results.

ERRORS, INACCURACIES, AND OMISSIONS

Information provided on the Site and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information. 

OUR INTELLECTUAL PROPERTY

The Site and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and/or Service, without refund, if you are caught violating this intellectual property policy.

LIMITATION OF LIABILITY

To the extent permitted by law, WE WILL NOT be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. 

THIRD PARTY WEBSITE AND RESOURCES

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Site and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

AFFILIATE LINKS

From time to time, Company may include affiliate links on its Site and/or Service. This means that if you purchase an item using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of California.

DISPUTE RESOLUTION

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to court, arbitration, mediation, or any other legal remedy available to the Parties within the county of Los Angeles, California.  If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Site and/or Service) constitute the entire agreement between you and the Company with respect to the Site and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Site and/or Service.

WAIVER
Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

OUR PRIVACY POLICY

Please review our Privacy Policy located here: Privacy Policy.  

CHANGED TERMS

We reserve the right to update any portion of our Site and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site.  If you have provided us your email address, we may also email you to let you know of material amendments to our Terms of Service. Any use of the Site and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

HOW TO CONTACT US

If you have any questions about this Terms of Service, please contact us by email (ofhealthandwellness@gmail.com), or by telephone (209.602.4843).