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Terms and Conditions

Welcome to The Fasting Flamingo Community! We’re delighted that you’re here.

 

DEFINED TERMS:

Below are the terms and conditions (the “Terms”)  apply anytime You use or access The Fasting Flamingo’s website (https://www.thefastingflamingo.com). As used in this Agreement, the following terms shall have the following meanings:

 

“TKO Limited” is the parent company and  LLC incorporated through the state of Colorado.

“The Fasting Flamingo” is the commercial name that is used as the name of the business and in marketing materials.  It includes affiliates, owners, employees, contractors, consultants, agents, teachers, and coaches. For purposes of indemnification, limitation of liability, waiver of representations and warranties, and all other provisions that reference “TFF”, “We”, “Us”, “Our”.

“The Fasting Flamingo Community” refers to all of the following groups who comprise this community including, but not limited to: our customers, users, employees, staff, coaches, directors, officers, leaders, agents, vendors, licensors, suppliers, distributors, and providers.

“The Fasting Flamingo Membership” refers to a subscription-based service with monthly or annual memberships that begins when a user gains access to the membership portion of the Website and Services and continues via automatic renewal until the Member chooses to cancel their access to this additional content. 

“You” refers to visitors, members, customers, guests, or users, such as yourself.

“Member” refers to any individual who has paid The Fasting Flamingo for the Service.

“Your Content”  means any of the materials, writings, spoken words, images, videos, documents, uploads, accomplishments, point totals, or other materials You may choose to share with The Fasting Flamingo Community.

“User Content” also called “Content” refers to testimonials, all materials spoken, written, images, video, recordings, form or quiz based, gamification elements, that are provided by those who access any of the Services.

“Gamification” refers to the application of typical elements of game playing (e.g. sharing among members, point scoring, achievement earning, competition with others, rules of play, prizes purchased with points) to The Fasting Flamingo business and Website, as a means of online encouragement and encouraging engagement with TFF.

“Program” also referred to as “Services” means any services or products provided by TFF including but not limited to resource, Content, knowledge, tools, motivation, community, coaching, gamification elements, mailings, gifts, prizes, motivation, and inspiration.

“Website” refers to thefastingflamingo.com, all sub-pages, and any image, video, pages linked to or resources referenced on TheFastingFlamingo.com or any sub-pages.

“Losses” refers to damages or forfeiture of any kind including but not limited to, direct, indirect, incidental, consequential, special, punitive, and exemplary damages, loss of revenue, loss of income, loss of profit, loss of data, bodily harm, and loss of opportunity.

“Payment Processors” refers to PayPal or Stripe or any other service we may choose to use to process payments and subscription fees.

“Applicable Laws” is defined as regulations, ordinances, statutes, codes, regulations and other rules, as amended, of any international, federal, state, municipality, territory, parish, county, local government or political subdivision thereof or any other duly constituted public authority having jurisdiction over You prevailing at the time and place where the Services are being used.

“Linked Sites” includes but is not limited to all internet websites linked to or referenced by The Fasting Flamingo, User Content, or sub-sites, all third-party plugins and add-ons.

“Medical Advice” means  professional or medical advice, consultation, evaluation, diagnosis, diet plan, assessment, or treatment with a qualified medical professional.

“Terms” means the terms and conditions written below that apply anytime You use or access The Fasting Flamingo’s Website or affiliated groups on other platforms, and any TKO Limited services including, but not limited to: resources, blog posts, educational material, content, apps, group video calls, or the free community on the Life App, YouTube, Facebook and Meetup groups. Before agreeing to participate in any of Our Services, it is important that You read and understand the Terms.

 

THE TERMS

The purpose of TKO Limited, doing business as The Fasting Flamingo,  is to provide visitors, members, and users, such as yourself, with information regarding intermittent fasting, low carbohydrate diets, and general healthy living. To do this, We provide You with a Program, Website, and content that We believe will benefit You.

 

MEDICAL DISCLAIMER

You are voluntarily choosing to participate in The Fasting Flamingo Community.

The Services and Content We provide at The Fasting Flamingo (or TKO Limited or thefastingflamingo.com or any of our other online social communities including, but not limited to: Meetup, Facebook, and the Life App. Our Services are for informational purposes only and do not replace or constitute a substitute for professional or medical advice.

Nothing contained in Our Website or the Services shall be interpreted, implied or intended as a substitute for Medical Advice; We are not a medical organization and Our staff cannot give You Medical Advice or diagnosis or treatment. The Fasting Flamingo does not endorse, recommend, or make any representation regarding the efficacy or suitability of any specific tests, dietary recommendations, physicians, products, procedures, lifestyle changes, general recommendations, opinions, or other information that may be referred to by the Services.

You should inform and consult with Your physician and other healthcare providers before making any changes to Your lifestyle. This includes beginning any programs like Our Program, and obtain periodic medical checkups with Your physician.

Medical monitoring is especially important for people with a known medical condition and/or those taking medication.

You acknowledge that Your use of the Services is solely at Your own risk and that you are of age of 21 or the appropriate age to use such a Program in your state or territory or residence. For questions or concerns about Your health or any medical conditions please contact Your physician or healthcare provider.

By using any of these Services you acknowledge and agree that We cannot provide Medical Advice, interpret medical results, or issue or change prescriptions, and that We are not physicians, nurses, pharmacists, dietitians, nutritionists, or any other regulated health professionals (collectively, “HCPs”). You shall not treat any interaction with Us as an interaction with an HCP or any information obtained through by us or in connection with the Services as Medical Advice. Do not delay in seeking medical treatment. You are fully and solely responsible for any changes that You make to Your lifestyle.

The Services, including any User Content found within the Services, are provided “as-is”, “where-is”, “with all faults” and “as available”, in each case, without any representations, warranties, conditions, or guarantees of any kind. We, on behalf of The Fasting Flamingo Community and any affiliates and TKO Limited staff hereby disclaim all representations, warranties, conditions, and guarantees with respect to the Services (including any User Content and testimonials), whether they be express, implied, statutory, or arising from course of dealing or usage of trade, including with respect to merchantability,  quality, version, or fitness for a particular purpose, non-infringement, availability, quality, completeness, usefulness, usability, or reliability.

While we will always try to do the best we can by customers, we provide no warranty that the Services will meet Your requirements or that their operation, provision, or availability will be continuous or free of errors, viruses/malware, or other negative or damaging conditions or components. Further, We provide no warranty that any defect in the Services can or will be corrected or updated. You acknowledge  by agreeing to the Terms and using the Services that You have not relied on any representations, defined expectations of service, warranties, conditions, or guarantees made by Us.

 

LIMITATION OF LIABILITY

Under no circumstances will We, any affiliated companies, or any The Fasting Flamingo Community be liable to You or any third parties for any direct or indirect losses or damages arising out of or in connection with any use of or inability to use the Services, including a third party’s or Your reliance on the Services. This is a comprehensive limitation of liability that applies to all losses and , whether in contract, strict liability, extra contractual fault, negligence, or other tortious action, even if We have been advised of, or should have known of, or have express knowledge of the possibility of such damages.

If You are dissatisfied with the Services, or with these Terms, Your sole and exclusive remedy is to discontinue using the Services immediately. You acknowledge by Your use of the Services that Your use of the Services is at Your sole risk. We have no responsibility and will in no way be held responsible for the health, bodily integrity, medical wellbeing, or healthcare of You or any third party. Applicable Law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to You. Should any part of this limitation of liability is found to be invalid or unenforceable for any reason, then the aggregate liability of  The Fasting Flamingo, The Fasting Flamingo Community, TKO Limited, or any affiliated companies under such circumstances for liabilities that would have been limited will not exceed $20 USD.

 

USER CONTENT

While using the Services, You may have the opportunity to upload or post Your Content, and to view the posts and comments of other users User Content.

You shall not include anything in Your Content that: (a) infringes, harms, violates, or misappropriates any intellectual property rights of TFF or any third party; (b) is obscene, defamatory, hurtful, mean-spirited, or scandalous; (c) constitutes spam, self-promotion, or advertising; (d) is intended to impact or in any way degrades the performance of the Services or the performance of other users’ devices; (e) impersonates The Fasting Flamingo or any of Our employees; or (f) violates any Applicable Laws or regulations. You acknowledge and agree that We may moderate, review, edit, modify, alter, remove, delete, or block any of Your Content in Our sole discretion and without any further obligation to You.

We, The Fasting Flamingo Community may collect, record, use, store, and disclose all or part of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services), and You hereby consent to any such collection, use, storage, and disclosure.

By submitting Your Content to the Services or by joining any coaching or events that may at times be recorded, You represent and warrant that You have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You hereby grant to Us and Our affiliates, employees, and representatives an unlimited, worldwide, royalty-free, perpetual, irrevocable, transferable, assignable, and unrestricted license to collect, use, store, perform publicly, translate, modify, create derivative works from, publish, and disclose any and all of Your Content in any manner, for any purpose, and at any time (including after any termination of these Terms and/or after You discontinue Your use of the Services). By doing so, You also waive any claims and assertions of moral rights or attribution with respect to Your Content.

You also herby consent and grant to TFF the right and authority to photograph and/or record You, Your image and Your voice, which could occur in connection with using the Services and Website. You also agree that upon creation such images and/or recordings are owned by TFF and understand that You have the right to request cessation of recording or filming at any time.

By using any of these Services you agree to release and forever discharge TFF, its agents, officers and employees from any and all claims arising out of or in connection with the use of these images and/or recordings including, but not limited to, any claims for invasion of privacy, right to publicity or defamation.

You agree that We are under no obligation to  review, moderate, edit, modify, remove, alter, delete, or block any User Content and that We have no  liability arising from any User Content. This includes any error, defamation, libel, falsehood, slander, omission, obscenity, pornography, profanity, hate speech, danger, illegality, or inaccuracy in the User Content.

 

LINKS TO THIRD-PARTY SITES

The Services or User Content may contain links or references Linked Sites. You acknowledge and agree that the Linked Sites are not under Our control and that We are not responsible for the delivery, performance, or contents of any Linked Site, including, without limitation, the content of a Linked Site, any link contained in a Linked Site, comments made on Linked Sites, or any changes or updates to a Linked Site. We are not responsible for webcasting, performance, or any other form of transmission received from any Linked Site, nor are We responsible if the Linked Site is not working properly. These links are provided to You only as a gesture of positive intent, and the inclusion of any link or summary of link content does not imply endorsement by Us or confirmation of the claims being put forth of the Linked Site, book, or resource being shared or any association with its operators. You are solely responsible for reviewing and abiding by statements and terms of use posted at the Linked Sites.

 

DISCLAIMER OF LIABILITY

You will not sue The Fasting Flamingo, its parent and affiliated companies, and their respective officers, directors, employees, advisors, agents, vendors, suppliers, licensors, distributors, or providers, and hereby waive any and all claims against such parties relating to any loss, damage, or liability whatsoever arising out of or related to Your use of the Services, acts or omissions in response to Your use of the Services, and acts or omissions of other users related to the Services. You will defend, indemnify, and hold harmless The Fasting Flamingo, its parent and affiliated companies, and their respective officers, directors, employees, agents, vendors, suppliers, licensors, distributors, and providers from and against any claims, actions, or demands, including, without limitation, legal and accounting fees, alleging or resulting from Your breach of the Terms, use or misuse of the Services, Your violation of any Applicable Laws or third party rights, Your negligent act or omission, Your willful misconduct, or Your reliance on the Services as Medical Advice or any other form of lifestyle or health advice.

 

LICENSE AND OWNERSHIP

Provided You comply with the Terms as stated, We hereby grant You a revocable, limited, non-transferable, non-assignable, non-exclusive, personal license to use the Services in accordance with the Terms outlined, and any other terms, conditions, instructions, or guidelines shared through or in connection with the Services.

You will not copy, adapt, scrape, save, store, collect, or modify the Services and/or User Content, or any part thereof. You will not copy, reproduce, publish, display, disclose, profit from, modify, save, keep, distribute, or create derived works from the Services, User Content, Website, or any part thereof. You will not assign, sub-license, convey or otherwise transfer, pledge as security or otherwise modify the rights and licenses granted hereunder with respect to the Services and/or any User Content. You will not distribute, post, publish, market, co-brand,  private label, or in any other way rip-off the Services and/or User Content, or any part thereof.

Additionally, You will not use the Services or User Content, or any part thereof: (a) for the benefit of any other person or entity, (b) use the Services or User Content for any commercial purpose of any kind; or (c) in direct or indirect competition with Us (b) to create any new content, game, software, components, products, services designs or tools, including for the purpose of competing with, replacing, or emulating the Services or User Content. Similarly, You will not cause, help, assist or permit any third party to do any similar forging and acknowledge your obligation to report such activities that you may become aware of to us in a timely fashion.

The Services are exclusively Our property and are protected by copyright, trade-mark and other intellectual property laws. Any rights not expressly granted by Us to You are reserved by Us, and We disclaim any implied rights and licenses.

 

TERMINATION

If You fail to comply with these Terms, then:  You need to immediately stop using all Services and the Terms will terminate immediately and without notice to You. Additionally, at Our sole discretion, We may terminate or restrict Your use of the Services at any time and without cause or notice. We will not be liable to You or any third party for any termination of the Terms or any termination or restriction of Your right to use the Services. In the event that the Terms are terminated for any reason You are required to immediately stop using the Services,the license to use the Services will immediately terminate  and except for the license to use the Services, all other terms and conditions in the Terms will remain enforceable.

 

INJUNCTIVE RELIEF

You acknowledge that with any violation of these Terms  We are entitled to proceed immediately to court in order to obtain, and You will consent to, interim, interlocutory, and final injunctive relief restraining You from breaching, and requiring You to comply with, Your obligations pursuant to these Terms, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made. You commit  to the strict compliance with the terms and conditions of these Terms and acknowledge that Our interest in the  enforcement  will outweigh any harm that You may suffer as a result of the strict enforcement of these Terms. Nothing in this Section limits the right of The Fasting Flamingo to obtain injunctive relief in any other circumstance in which We may be  entitled to such relief.

 

COMPLIANCE WITH LAWS

You will comply with all  regulations, ordinances, statutes, codes, regulations and other rules, as amended, of any international, federal, state, municipality, territory, parish, county, local government or political subdivision thereof or any other duly constituted public authority having jurisdiction over You prevailing at the time and place where the Services are being used Applicable Laws to ensure that the Services are not used for or in connection with any purpose prohibited by Applicable Laws.

 

GOVERNING LAW

These Terms are governed by the laws of the State of Colorado and the federal laws of the Unites States applicable therein. You consent to personal jurisdiction with respect to any proceedings having subject matter jurisdiction arising from these Terms brought in any court, federal or state, within the City and County of Denver, Colorado. Further, with respect to any such proceeding, You irrevocably waive, to the fullest extent permitted by Applicable Laws, any claim, or any objection You may now or hereafter have, that venue is not proper.

 

ENTIRE AGREEMENT

These Terms (including the terms herein, the and any terms incorporated herein by reference) constitutes the entire agreement between You and The Fasting Flamingo with respect to the Services. Except as expressly provided , these Terms supersede and cancel all previous or contemporaneous written and oral agreements, communications, proposals, and representations relating to the subject matter contained in these Terms.

 

CHANGE OF TERMS

We may amend these Terms at any time, for any reason, at Our sole discretion. Your continued use of the Services following any such amendment constitutes Your acceptance of such amendment. You acknowledge that it is Your responsibility to periodically review these Terms. You hereby waive  any entitlement to notice of changes to the terms and conditions contained herein and accept all applicable changes by your continued use of the service. If You do not agree with any such amendment, then You are required to immediately stop using the Services.

 

GAMIFICATION

The Program includes some aspects of Gamification designed to make using the Website and Services an enjoyable experience for the User. All aspects of Gamification are provided for entertainment purposes only. Should You choose to participate in these gamified aspects of the Program, You acknowledge and agree that You are doing so solely at your discretion and for entertainment purposes only. Furthermore, You acknowledge and accept that should for any reason these become addictive in nature or cause any type of adverse consequence for You that you will:(a) discontinue all use of these aspects of the Program, and (b) notify TFF Staff of this development. The intention with including Gamification in Our Program is to make it a fun and enjoyable experience. Should that ever not be the case for any reason, You are acknowledging that you have the obligation to stop using these aspects or the entire Program immediately and will notify Us in a timely fashion. 

 

MISCELLANEOUS

No delay or failure of The Fasting Flamingo in exercising any right, power or remedy under these Terms will operate as a modification or waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise of any right, power or remedy under these Terms. If any provision of these Terms is held by a court to be void,  unenforceable invalid, or illegal, this will in no way affect the application of such provision in any other circumstance, or the enforceability or validity of these Terms or any other provision herein.

Headings and section designations used in these Terms are intended for convenience only and will not affect the interpretation or enforceability of these Terms. These Terms will ensure the benefit of, and be binding on, both You and The Fasting Flamingo and any successors and permitted assigns. Without Our prior written consent, You shall not assign Your rights or obligations under these Terms.

If You have questions please feel to Contact Us at your-friends@thefastingflamingo.com.

THE FASTING FLAMINGO PARTICIPATION TERMS & CONDITIONS FOR CHECKOUT ACKNOWLEDGMENT & AGREEMENT

Welcome to The Fasting Flamingo(“TFF”)! Before you participate in the TFF, it is important that you read, understand and agree to the following that describes the purposes, benefits and risks of the Program.

 

INTRODUCTION AND PURPOSE:

This Program uses a form of dietary therapy called fasting (which involves abstaining from food for certain  periods of time). The hope is that this can be an effective form of  therapy and improve health conditions for some individuals.

You can choose to not participate at any time. Your participation is entirely voluntary and always at your own choice.

 

THE PROGRAM:

This Program is likely not for everyone. By participating and using our Services, you agree that:

You have consulted with and obtained consent from your physician to participate in the Program

Your physician has determined that it is medically safe for youto participate in the Program

You will continue to meet and consult with your physician as needed throughout , including for the purposes of: obtaining regular medical exams (with tests as needed to avoid adverse risks such as low or high blood sugar), and  relating to any medication, diet, treatment, or physical exercise needs.

You are not pregnant, actively nursing, or suspect that you are or might become pregnant

You are not currently struggling with an eating disorder or other mental health condition that may be negatively impacted by participating in this program.

You are at least 21 years of age or older or are of at least the age of majority in your country of residence.

 

You also acknowledge and agree that TFF is not a medically supervised Program. You also acknowledge that you and your physician are in all instances responsible for your own medical care, direction and advice, regardless of what may be shared by anyone in The Fasting Flamingo Community More specifically:

You are aware that your participation in the Program does not replace the need for regular medical exams or consultations.

The Program is facilitated by TFF staff (including coaches, independent contractors, and agents acting on TFF’s behalf). These staff members are not medical doctors, nurses, pharmacists or regulated health professionals. They cannot under any circumstances give medical advice, diagnose, treat or evaluate medical conditions, interpret medical results, or issue or change prescriptions. They may give you dietary information that is all.

Nothing obtained through Our Website (thefastingflamingo.com), The Fasting Flamingo Community, any Linked Websites or representatives shall be interpreted as a substitute for medical advice. TFF does not endorse any specific tests, procedures, or products, ever.

During and after completion of the Program, you agree to continue medical care with your regular physician. Medical monitoring is especially important for those with any known medical conditions.

If you have any pre-existing medical conditions, electrolytes, blood counts and urinary tests should be monitored by your physician.

You agree to consult with your physician immediately before proceeding should you  have any issues or questions about the Program and its impact on your health

 

CONFIDENTIALITY:

Any information and materials disclosed by or on behalf of The Fasting Flamingo to You in connection with these Terms that is reasonably considered to be confidential (the “Confidential Information”) should be kept in confidence and used by You only for the purpose of these Terms. Return of Confidential Information. All Confidential Information made available on thefastingflamingo.com, calls, email, or video calls including copies thereof, shall be returned or destroyed upon the first to occur of (a) completion of the Services or (b) request by TFF.

All personal information you submit to TFF will be treated as confidential and private, and used in accordance with our Privacy Policy. If you have questions about our privacy practices, please contact your-friends@thefastingflamingo.com.

If you are currently being seen by more than one of our Coaches and other practitioners, or have previously seen one Coach and have signed up with a new one, you grant us the right for the notes to be shared between the Coaches and other practitioners.

 

BILLING TERMS:

 

THE FASTING FLAMINGO MEMBERSHIP – PAYMENTS, SUBSCRIPTIONS AND AUTOMATIC RENEWALS

The Fasting Flamingo Membership is a subscription-based service with monthly or annual memberships that will automatically renew until You cancel Your membership. Your membership can be canceled at anytime by logging into Your account. If You require support, please contact us at your-friends@thefastingflamingo.com. All memberships will remain active until the end of a member’s current billing cycle. If Your subscription started with a free trial, Your chosen method of payment will be automatically billed once Your trial period has ended.

If for any reason Your payment method is not processed successfully, We reserve the right to suspend Your access to the The Fasting Flamingo Membership until Your subscription is brought into good standing.

 

PAYMENT METHOD:

For members that signed up through thefastingflamingo.com, Your monthly or annual membership payments are processed through one of Our Payment Processors. All payment information is stored in accordance with Payment Card Industry guidelines with Our Payment Processors. You hereby authorize Us to continue to charge the method of payment You have provided to one of Our Payment Processors until You have canceled Your subscription.

 

REFUND AND CANCELLATION POLICY:

All The Fasting Flamingo Membership subscriptions are non-refundable. Once Your subscription is canceled You will retain access to Your account until the end of Your current billing cycle. All memberships must be canceled at least a day before Your next billing cycle begins. No partial refunds will be issued.

 

FREE TRIALS:

For new subscribers We routinely offer free trials. Each user is only authorized for one free trial  If We discover a client has abused or circumvented Our free trial offer, We reserve the right to immediately process their payment for the type of subscription they have chosen.

 

PRICE CHANGES:

Overtime, We might adjust the pricing of Our subscriptions. For any price increases We will provide You with a minimum of 14 days notice. If You do not cancel Your subscription within these 14 days, We would have deemed You in acceptance and agreement with the new subscription fee and any changes to the Terms.

 

PROMOTIONAL OFFERS:

If You subscribed to the The Fasting Flamingo Membership through a promotional offer, the offer is valid for one use only and for the time specified in the offer and after the promotional period has ended, Your membership will be renewed at the current subscription rate.

We reserve the right to immediately charge or delete the shared users account.