IMPORTANT DISCLAIMER - NO GUARANTEE OF RESULTS
You agree that Fearlessly Fit LLC (www.jessdukes.com) has not made and does not make any specific representations about the results you may receive.  Fearlessly Fit LLC (www.jessdukes.com) cannot and does not guarantee that you will achieve any particular result from your use of the website, and you understand that results differ for each individual.
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COMMENTS AND POSTS
If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 18 years old; (2) you are the owner of or have permission to share such materials; (3) you grantFearlessly Fit LLCÂ (www.jessdukes.com)Â a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grantFearlessly Fit LLCÂ (www.jessdukes.com)Â a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising.Fearlessly Fit LLCÂ (www.jessdukes.com)Â Â does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by leaving a comment or participating in a message board, public forum, chat bot, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Fearlessly Fit LLCÂ (www.jessdukes.com)Â , in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website.Fearlessly Fit LLCÂ (www.jessdukes.com)Â Â does not, however, have any obligation to monitor posts, comments, or material submitted by third parties.Fearlessly Fit LLCÂ (www.jessdukes.com)Â Â neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website.Fearlessly Fit LLCÂ (www.jessdukes.com)Â Â shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.
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Visitor Behavior on the Websites
You are strictly forbidden from the following:
• Causing damage to the Websites
• Using the Websites for any unlawful, illegal, fraudulent or harmful purpose or activity
• Using the Websites to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
• Using the Websites to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
• Systematically or automatically collecting data from the Websites
• Sharing private and proprietary information from online courses with anyone else
Fearlessly Fit LLCÂ may, without notice, refuse access to the Websites, in whole or part, to any person that fails to comply with these TOU.
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FEES
In consideration of Your access to the For The Last Time Program, you agree to pay the following fees. For The Last Time is a 6 month program. You may choose to pay your tuition fee as a single payment of $1997 (due immediately) or 6 monthly payments of $397. If you elect to pay in full, you can pay in one payment of $1997. If you select the payment plan, you pay the initial payment today and then your selected payment method will be automatically charged on a monthly basis.
If you opt for monthly payments, you will remain responsible for those payments. You may not cancel or avoid these payments. In the event that any payment is not received, the Company shall immediately suspend your access to the Program.
If you are paying in monthly installments, all remaining installments must be paid for the duration of your time in the program.
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REFUNDS - FOR THE LAST TIME
Refunds are not available for For The Last Time, 6-month program. You acknowledge you have reviewed this refund policy and have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate any type of chargeback disputes or actual chargeback from your credit card company. Please note that filing a chargeback does not release you of your obligations under these Terms. After 30 days of outstanding payment, the company reserves the right to send these amounts to collections, which may result in a negative impact to your credit score, and any collection costs, outstanding payments including reasonable attorney’s fees.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
For all resources and materials found in For The Last Time, you have expressed permission to access and print materials to use for YOURSELF.
You DO NOT have permission to share materials with other parties including but not limited to you team, your business partners, etc. This includes sharing log-in information, trainings or any copyrighted materials.
Any violation of the terms outlined here will result in revoking all access on grounds of copyright infringement.
FTLT ALUMNI PROGRAM
By completing your purchase and enrolling in our Alumni Program, which is a subscription service. Your subscription will automatically renew.
If you would like to cancel your subscription, please email [email protected] at least 5 days before your renewal date. Please note that month-to-month subscriptions require a 3-month commitment before you can request a cancellation.
FEES - FTLT ALUMNI PROGRAM
In consideration of Your access to the FTLT Alumni Program, you agree to pay the following fees. FTLT Alumni Program is a subscription service. You may choose to pay your subscription fee as a single payment of $525 every 6 month, a quarterly payment of $275 every 3 months or go month-to-month at $99 per month with a required 3-month commitment.Â
If you opt for monthly payments, you will remain responsible for those payments for the first 3 months. You may not cancel or avoid these payments until the 3 months has expired. In the event that any payment is not received, the Company shall immediately suspend your access to the Program.
If you are paying in monthly installments, all remaining installments must be paid for the duration of the required commitment.
THE FREEDOM FORUMALA DIGITAL PRODUCT - NO REFUND POLICY
By purchasing The Freedom Formula, you acknowledge and agree that this is a digital product. Due to the nature of digital products and immediate access to the course content upon purchase, we do not offer refunds for this program. All sales are final.
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Affiliate Program Terms and Conditions
The following terms (“Affiliate Terms”) constitute an agreement between Fearless Fit, LLC, (“Company”), and you (“Affiliate”) that govern your participation in the
Company’s affiliate program.
BY ENROLLING IN THE AFFILIATE PROGRAM YOU ARE AGREEING THAT YOU HAVE
READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND
THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND
CONDITION.
1. Overview. This Agreement contains the complete terms and conditions that apply to you
becoming an affiliate in Company’s affiliate program (the “Affiliate Program”) to promote
For The Last Time (“FTLT”). The purpose of this Agreement is to allow HTML
linking between your website and the Company’s website. Please note that throughout
this Agreement, “we,” “us,” and “our” refer to Company, and “you,” “your,” and “yours”
refer to Affiliate.
2. Affiliate Obligations. To begin the enrollment process, you will enroll in the Affiliate
Program, which is located at https://jessdukes.mykajabi.com/affiliate_users/sign_up.
The fact that we may auto-approve you does not imply that we may not re-evaluate your
enrollment at a later time. We may reject your enrollment at our sole discretion.
We may cancel your enrollment if we determine that your site is unsuitable for our Affiliate
Program, including if you do any of the following on your channels and/or website:
1. Promote violent or sexually explicit content;
2. Promote discrimination based of any kind;
3. Promote illegal activities;
4. Incorporate any materials which infringe or assist others to infringe on any intellectual
property rights;
5. Include Company’s name or variations or misspellings thereof in its domain name;
6. Include any content that is objectionable to Company in Company’s sole discretion;
7. Feature software downloads that potentially enable diversions of commission from other
affiliates in the Affiliate Program; or,
8. Fail to abide by FTC rules related to disclosure.
As a member of the Affiliate Program, you will have access to the Affiliate dashboard (“Affiliate
Dashboard”), which will provide you with information about the Affiliate Program. Here you will
be able to obtain your affiliate URLs (that provide links to web pages within the Company’s
website) (“Your Affiliate Link”) and creative assets, and review analytics regarding the
performance of your account. In order for us to accurately keep track of all guest visits from your
site to ours, you must use the HTML code that we provide, which is further described in the
section regarding Tracking Commissions.
We reserve the right, at any time, to review placement of Your Affiliate Link and require that you
change the placement or use of Your Affiliate Link to comply with the guidelines provided to you.
It is your responsibility to follow all applicable laws, including those related to intellectual
property, that may pertain to your site. You agree to hold Company harmless for any claims
made against Company related to your failure to follow applicable laws.
Placement of Affiliate Links. As part of the Affiliate Program, you understand and agree that
we are approving use of Your Affiliate Link to channels which you own. For example, you may
use Your Affiliate Link on your social media pages/accounts or on your website.
You are strictly prohibited from placing Your Affiliate Link on any pages, groups, or other
locations which are owned by the Company. For example, you may not place Your Affiliate Link
in any posts in a Company-led Slack group. Additionally, you are not permitted to DM
members of the Company’s groups with Your Affiliate Link unless you have a prior
relationship with the individual.
For clarity regarding direct messages: If you have a pre-existing relationship with a particular
individual, you may share Your Affiliate Link with them via direct messages. If, however, you see
a member in a Company-led group interested in purchasing, you may not engage in
cold outreach by sending them a DM. You should not send a friend request or other type of
connection for the sole purpose of sending them a link. Company’s sole discretion will be used
to determine if you have violated this provision.
If Company determines that you have used your links inappropriately, Company reserves the
right to terminate you from the Affiliate Program.
Company’s Rights and Obligations.
1. We have the right to monitor your content at any time to determine if you are following
the terms and conditions of this Agreement. We may request that you make changes to
your content as it relates to your promotion of the Affiliate Program.
2. We reserve the right to terminate this Agreement and your participation in the Affiliate
Program immediately and without notice to you, in accordance with the termination
provision below.
Termination. This Agreement will begin upon our acceptance of your application to join the
Affiliate Program and will continue unless terminated hereunder.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the
other party written notice. Written notice to us can be in the form of an email addressed to
[email protected]. Written notice to you will be in the form of an email sent to the
email address we have on record.
In addition, this Agreement will terminate immediately upon any breach of this Agreement by
You.
In the event that this Agreement is terminated due to your fraudulent activity, prohibited activities
(defined below), or abuse of the Affiliate Program, Company shall not be liable to you for any
commissions pending as a result of such actions.
Upon termination, your affiliate account will be deactivated. Any sales that may result from clicks
to Your Affiliate Link after termination of this Agreement will not result in a commission to you.
We reserve the right to discontinue your access to the Affiliate Dashboard at any time.
Modification. We reserve the right to modify any of the terms and conditions in this Agreement
at any time in our sole discretion. In the event of substantive changes, you will be notified by
email through the email address we have on record. Substantive modifications may include, but
are not limited to, changes in the payment procedures and the Affiliate Program rules.
Non-substantive modifications, for which you will receive no notification, include but are not
limited to updating format, typographical errors, etcIf any modification to this Agreement is
unacceptable to you, your only option is to end this Agreement. Your continued participation in
the Affiliate Program following the notification of the changes or new Agreement on our site will
indicate your agreement to the changes.
Commission. You will receive commission on purchases that originate from Your Affiliate Link.
You will receive $99.85 for each pay-in-full sale and $8.16 for each payment in the payment
plan for the FTTL.
Tracking Commissions. In order to track your commissions, you must use Your Affiliate Link.
These links will place a cookie on the browser of anyone who clicks the link. This cookie will
expire in 30 days. If a purchase is made during that time, you will be eligible for a commission.
Note: If an individual has cleared the cookie from their browser prior to the expiration of
the cookie listed above, you will not receive credit. The cookie must be active at the time
of the sale in order for the commission to be tracked by our software.
Payment. We use Paypal to fulfill all payments of Affiliate Program commissions. Payments for
referrals for each month will be paid on or before the 30th day after the month of the referral that
leads to the commission. For example, referrals during the month of January will be paid within
30 days of January 31st.
Access to Affiliate Dashboard.
You will create a username and password so that you may enter the Affiliate Programs Affiliate
Dashboard.
Promotion Restrictions.
1. You may not engage in prohibited forms of advertising to promote the Affiliate Program,
such as spam. Other generally prohibited forms of advertising include the use of
unsolicited commercial email (“UCE”), postings to non-commercial channels, and posting
to channels that expressly forbid commercial content.
2. You may not advertise in any way that effectively conceals or misrepresents your
identity, your domain name, or your return email address. You may use email, such as
email newsletters, to customers to promote the Affiliate Program so long as the recipient
is already a customer or subscriber to your email list, and recipients have the option to
remove themselves from future mailings through functionality like an unsubscribe button.
At all times, you must clearly represent yourself and your websites as independent from
the Company and fully disclose your status as an affiliate.
3. You may not engage in Pay-Per-Click campaigns on keywords such as Company’s
name, Company’s URL, and/or any misspellings or similar alterations of these – be it
separately or in combination with other keywords.
4. Affiliates are not prohibited from keying in prospect’s information into the lead form as
long as the prospects’ information is real and true, and these are valid leads.
5. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic
Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,”
“Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the
time the consumer clicks on a qualifying link until such time as the consumer has fully
exited Company’s site (i.e., no page from Company’s website or any Company’s content
or branding is visible on the end-user’s screen).
As used herein “Parasiteware” and “Parasitic Marketing” shall mean an application that (a)
through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission
tracking cookies through any other means than a customer initiated click on a qualifying link on
a web page or email; (b) intercepts searches to redirect traffic through an installed software,
thereby causing commission tracking cookies to be put in place where a user would under
normal circumstances have arrived at the same destination through the results given by the
search engine; (c) set commission tracking cookies through loading of Company site in IFrames, hidden links and automatic pop ups that open Company’s website; (d) targets text on websites, other than those web sites owned by the Affiliate, for the purpose of contextual marketing; (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners.
Grant of Licenses. We grant you a non-exclusive, non-transferable, revocable right to (i)
access the Affiliate Dashboard to obtain Your Affiliate Link solely in accordance with the terms of
this Agreement and (ii) solely in connection with the Affiliate Program, to use our logos, trade
names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that
we provide to you in the Affiliate Dashboard or authorize for such purpose.
You are only entitled to use the Licensed Materials provided in the Affiliate Dashboard to the
extent that you are a member in good standing of the Affiliate Program. You agree that all uses
of the Licensed Materials will be on behalf of Company and the goodwill associated therewith
will insure to the sole benefit of Company.
1. Each party agrees not to use the other's proprietary materials in any manner that is
disparaging, misleading, obscene or that otherwise portrays the party in a negative light.
Each party reserves all of its respective rights in the proprietary materials covered by this
License.
2. Other than the license granted in this Agreement, each party retains all right, title, and
interest to its respective rights and no right, title, or interest is transferred to the other.
Disclaimer.
COMPANY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING COMPANY’S SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES
PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF COMPANY’S ABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED
AND EXCLUDED. IN ADDITION, COMPANY MAKES NO REPRESENTATION THAT THE
OPERATION OF COMPANY’S SITE OR THE AFFILIATE DASHBOARD WILL BE
UNINTERRUPTED OR ERROR-FREE, AND COMPANY WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Affiliate Representations and Warranties. You represent and warrant that:
1. You have the full right, power, and authority to enter and be bound by the terms and
conditions of this Agreement and to perform your obligations under this Agreement
without the approval or consent of any other party;
2. You have sufficient right, title, and interest in and to the rights granted to us in this
Agreement.
Limitations of Liability. COMPANY WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS
OR LOST BUSINESS), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL COMPANY’S CUMULATIVE
LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER
BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR OTHER LEGAL OR
EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER
THIS AGREEMENT.
Indemnification. You hereby agree to indemnify and hold harmless Company, and its
subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders,
partners, members, and other owners, against any and all claims, actions, demands, liabilities,
losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys'
fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or
actions in respect thereof) arise out of or are based on (i) any claim that our use of the your
trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual
property, or other proprietary rights of any third party, (ii) any misrepresentation of a
representation or warranty or breach of a covenant and agreement made by you herein, (iii) any
breach of this agreement made by you, or (iv) any claim related to your site, including, without
limitation, content therein not attributable to us.
Confidentiality. All confidential information disclosed by one party to the other during the
effective term of this Agreement that is marked “Confidential,” will remain the sole property of
the disclosing party, and each party will keep in confidence and not use or disclose such
proprietary information of the other party without express written permission of the disclosing
Party.
From time to time, the Company will disclose upcoming promotions, which may include
discounts that are not yet available to the public. Affiliate agrees to keep this information
confidential until such time when the Company approves disclosure of this information to the
Public.
Miscellaneous.
1. You agree that you are an independent contractor, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative, or
employment relationship between you and Company. You will have no authority to make
or accept any offers or representations on our behalf. You will not make any statement,
whether on your website or any other properties owned by you, that reasonably would
contradict anything in this Section.
2. Neither party may assign its rights or obligations under this Agreement to any party,
except to a party who obtains all or substantially all of the business or assets of a third
Party.
3. This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Georgia without regard to the conflicts of laws and principles thereof. If there is
any dispute arising from the Agreement, you agree to personal jurisdiction and venue in
the State and Federal courts of the United States located in the State of Georgia, Cobb
County.
4. You may not amend or waive any provision of this Agreement unless in writing and
signed by both parties.
5. This Agreement represents the entire agreement between us and you, and shall
supersede all prior agreements and communications of the parties, oral or written,
regarding the Affiliate Program.
6. The headings and titles contained in this Agreement are included for convenience only,
and shall not limit or otherwise affect the terms of this Agreement.
7. If any provision of this Agreement is held to be invalid or unenforceable, that provision
shall be eliminated or limited to the minimum extent necessary such that the intent of the
parties is effectuated, and the remainder of this agreement shall have full force and
Effect.