Terms and Conditions
The following Terms are entered into by and between You and FemFusion Wellness LLC (sometimes referred to as "us" or “Company”).
These Terms govern your access to and use of BRIANNEGROGAN.COM, including any content, functionality, and services offered on or through BRIANNEGROGAN.COM, whether as a guest or registered user.
Please read the Terms carefully (and fully) before using the Website or making a purchase. By using the Website or clicking to accept or agree to the "terms and conditions of this page" when this option is made available, you agree to be bound and abide by these terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these terms, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company.
We require that each user follow and abide by our Terms for the best and highest good. Failing to comply with these Terms can immediately terminate access to this Website and any associated courses or products without refund or recourse.
Terms of Use:
- Do not share your account credentials (email and password) with anyone. A user membership is for one individual. Sharing your account with someone else will put you at risk of having your account terminated.
- A 14-day free trial is offered for our subscription membership, The Collective. Access is limited to one 14-day free trial per customer per calendar year.
- Refunds are not granted for any program on this website. Additional details are below.
- Do not reprint, republish, repost, or otherwise distribute or transmit content presented on this site. Unauthorized use or copying of our content, trademarks, and other proprietary material can subject you to civil or criminal liability.
- No advertising, trading of goods or services, or other commercial use is allowed in our membership community, whether through person-to-person communication or on a public forum.
- Treat other users respectfully when posting messages within our community forum. Abuse, name-calling, or maliciousness is not allowed.
- When you post content or reviews related to this website of our programs, you permit us to display and distribute this content and use it for advertising or promotion. You grant this site the complete, perpetual, but non-exclusive right to use, reproduce, modify, adapt, translate, distribute, sub-license, etc. the content in whole or in part, throughout the world and universe, on a royalty-free basis.
Additional Terms and Conditions:
Purchases and Online Commerce
If paying by debit or credit card, you permit us to charge your credit or debit card as payment for your Program, Product, or Service.
We offer single payment and payment plan options for online courses (The Academy) and coaching services (The Experience). Payment plans are not subscriptions that can be canceled; rather, they are installment plans that you agree to pay in full via monthly payments.
We also offer a membership program (The Collective) that is a subscription that can be canceled. The Collective is a membership subscription with a recurring payment that automatically renews every month. There are no refunds (or partial refunds) for The Collective. When you purchase, it's a monthly commitment, paid in full, with an agreement for auto-renewal until cancelation. Clients can self-cancel their Collective membership anytime from their account dashboard. When they cancel, they can access the Collective portal, community, and live calls until the end of their billing cycle.
Should you be provided with an electronic invoice (i.e., via PayPal, Venmo, Stripe, etc.), you must manually pay it by the date due on the invoice, or your Program, Product, or Service will be put on hold until payment is made. If payment is not received by the date due, you will have a short grace period to make the payment; otherwise, the Program, Product, or Services will not continue, and we reserve the right to cease your access immediately and permanently.
If you fail to pay promptly following these Terms or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, you will remain responsible for the full cost of the Programs, Products, and/or Services.
All information obtained during your purchase or transaction for our Programs, Products, and Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
Your participation, correspondence, or business dealings with any outside (third party) affiliate, individual, or company on or through our Programs, Products, or Services, and all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly. You release us, our affiliates, our payment processing company, and Merchants from any damages you incur and agree not to assert any claims against us or them arising from your purchase through or using our Website or its Content.
Refund Policy
No refunds for this website's courses, membership program, or coaching services will be offered or granted. All sales are final.
Kindly note that The Collective is a subscription that recurs every month (after the 14-day free trial period). You can cancel anytime from your account dashboard. Please keep track of your monthly renewal date, as refunds will not be offered if you forget to cancel.
If you have a concern about a program you have purchased or difficulty using it, please email [email protected], and we'll do our best to help.
Reversals and Chargebacks
We consider chargebacks and bank reversals as potential fraudulent use of our services and/or theft of products and services. PLEASE CONTACT US BEFORE ATTEMPTING TO INITIATE A CHARGEBACK.
We reserve the right to challenge the chargeback claim and file a complaint with the appropriate authorities for investigation. Be advised that all activity and IP address information is being monitored and that this information may be used against a client if there is fraudulent use or theft of services.
If a reversal or chargeback claim is filed with the cardholder's bank, refund requests will be denied to prevent fraudulent activity attempting to obtain multiple refunds.
Sales/Discounts/Promotions
Occasionally, we may offer time-limited discounts or special offers. Such promotions apply exclusively to purchases made during the specified promotional period. Purchases made before the beginning of a promotion are not eligible for retroactive price adjustments, discounts, or refunds.
Termination
Although refunds are not granted, you can terminate your use of or participation in our Programs, Products, or Services anytime by emailing [email protected]. We reserve the right to refuse or terminate your access to our Programs, Products, or Services, in whole or in part, at any time, at our sole discretion, by contacting you via the email address you provided upon purchase. This termination will not override any payment plan you have set up, or the refund policy described above. All Terms described on this page will still apply now and in the future, even after termination by you or us.
Intellectual Property
You agree that this Website, including but not limited to our content, products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement our Programs and Services, contains proprietary information and material that is owned by Femfusion Wellness LLC and is protected by applicable intellectual property and other laws, including but not limited to copyright. No portion of our content may be reproduced in any form or by any means, except as expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our content in any manner, and you shall not exploit our content or this Website in any unauthorized way whatsoever.
Video and Photo Release
By participating in our Programs, Products, and Services and using our Program Materials, including our online community, you consent to photographs, videos, and/or audio recordings that may be made that may contain your image, your voice, and/or your likeness. Please note that these postings and recordings may be shared with potential clients or others who have purchased our Programs, Products and Services.
Request for Permission to Use Content
Any request for written permission to use our Programs, Products, Services or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to [email protected].
Copyright and Trademark Law
All content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied or re-used without the express written permission of this site, which reserves all rights.
Outcomes Disclaimer and Individual Responsibilities
FemFusion Wellness LLC / Dr. Brianne Grogan, PT, DPT cannot guarantee success or any specific outcome from participating in our Programs or Courses. Each person’s success and results depend on many factors, including bio-individuality, dedication, desire and motivation. You accept the risk of not achieving your desired results. You are responsible for your physical, mental, and emotional well-being, decisions, choices, actions, and outcomes.
FemFusion Wellness LLC disclaims any liability for your reliance on opinions or advice contained in the course. Any third-party links to products or services are subject to separate terms and conditions. We are not responsible for or liable for any content or actions such third-party websites take.
Limitation of Liability
All information provided by Dr. Brianne Grogan, PT, DPT / FemFusion Wellness LLC is general and is furnished for educational/entertainment purposes only. No information is to be taken as individualized medical or other health advice. FemFusion Wellness LLC makes no guarantee regarding the accuracy, completeness, timeliness, or relevance of any text, video, or audio content. Any content provided is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your health and is not intended to provide specific medical advice. You agree that the use of this information is at your own risk. FemFusion Wellness LLC will not be responsible or liable for any injury or harm you sustain due to our programs, online videos, or information shared on our website. This includes emails, videos, and text. In no event shall this site, its officers, agents, or employees be liable for any loss or injury, directly or indirectly, incidental, consequential, special or exemplary damages, or any damages whatsoever arising from the use or performance of this website or any information provided through this website, even if this site has been advised of the possibility of such damages. This site does not warrant that the use or performance of this website will be uninterrupted or free of error, or that the website's server will be free of viruses. Thanks for your understanding.
Our home study programs are not a substitute for individualized medical treatment; contact a physician and/or physical therapist in your area for one-on-one evaluation and a personalized treatment plan.
Warning
The authors, instructors, persons appearing in the videos, editor, and publisher are not and will not be responsible, in any way whatsoever, for any use made by anyone, whether proper or improper, of the information contained on this site.
It is the personal responsibility of anyone planning to train in the material described on this website to consult a licensed physician to obtain complete medical information on his or her ability and limitations. It is your responsibility to follow the direction of a licensed physician. FemFusion Wellness LLC and/or any of its contractors or employees shall not be made responsible or liable for directing you on your physical limitations, illnesses, injuries, or other likeness related to your physical, mental, or emotional health.
Do not disregard, avoid, or delay obtaining medical or health-related advice because of something you may have read, heard, or viewed on this site. The use of any information provided on this (or any associated) video or website is solely at your own risk. The information contained here has not been evaluated by the Food and Drug Administration.
Changes To the Terms Of Use
We may revise and update these Terms of Use occasionally at our sole discretion.
All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website after posting the revised Terms of Use means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.
Privacy
Your website use is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Warranties Disclaimer
We make no warranties as to our programs, products, services, or program materials. You agree that programs, products, services, or program materials are provided “as is” and without warranties, express or implied. We do not warrant that the programs, products, services, or program materials will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the Website or content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of using our program or service materials.
Technology Disclaimer
We try to ensure that the availability and delivery of our Programs, Products, Services and Program Materials is uninterrupted and error-free, including our content and communications through methods like our Website, private Facebook groups or online communities, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, e-books, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted occasionally, including when it is required for repairs, maintenance, or updates. Of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages, refunds, or any other recourse should our Programs, Products, Services, or Program Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services or Program Materials inaccessible to you.
Errors and Omissions
We make no warranty or guarantee regarding the accuracy, timeliness, performance, completeness, or suitability of the information in our Programs, Products, Services, and Program Materials. Every effort has been made to present you with the most accurate, up-to-date information. However, because scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors, and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services or Program Materials. These links are provided for your convenience. Including any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Programs, Products, Services, or Program Materials. We have no control over the contents or functionality of those websites, and we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right to assume the exclusive defense of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with the Company.
Dispute Resolution
It is hoped that should we ever have any differences, we could work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, under the American Arbitration Association Rules. Before seeking arbitration, e-mail [email protected] and include all your reasons for dissatisfaction. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree that the arbitrator's decision is final and binding and may be entered as a judgment in any court with the appropriate jurisdiction. By purchasing our Programs, Products, or Services, you agree to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail referenced above, or you waive the right to seek dispute resolution by arbitration or to take any other legal action. In the event of a dispute between us, you agree to not engage in any conduct or communications, including on social media, designed to disparage us, our Company, or any of our Programs, Products, or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Governing Law
These Terms shall be governed by the laws of the State of Oregon, where FemFusion Wellness LLC is registered.
Contact Us
The Company welcomes your questions or comments regarding the Terms.
FemFusion Wellness LLC
5441 S Madadam Ave, Ste N
Portland, OR 97239 USA (Registered Agent)
Email Address: [email protected]
