Terms of Service

These Terms of Use constitute a legally binding agreement made by and between Tropical Urban Fitness LLC dba “HŌLVIBE” (hereinafter “TUF”) and the user (you, your, User) related to this website.

1. You consent to these Terms of Use (the “Agreement”) by accessing, visiting, browsing, using or attempting to interact with or use any part of this Site. You agree you have read and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or use any part of this Site. TUF reserves the right, with or without notice, to make changes to this Agreement. Continued use of any part of this website constitutes your acceptance of any such changes.
2. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. The Site is not intended for children under 13 and any access or use by a person under the age of 18 years of age is prohibited.
3. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by TUF and are the property of TUF and/or its third party providers. You agree that such TUF Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, TUF hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No TUF Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by TUF. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of TUF, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of TUF.
4. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of TUF and/or a supplier to TUF. No such materials may be used except as provided in these Terms of Use.
5. All trade names, trademarks, and images and biographical information of people used in TUF Content and contained in the Site, are either the property of, or used with permission by, TUF. The use of Content by you is strictly prohibited unless specifically permitted by this Agreement. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of TUF and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of TUF or third party owner. TUF respects the copyright, trademark and all other intellectual property rights of others. TUF has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify TUF at its email contact address below. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
6. When you register with TUF and/or this Site, you expressly consent to receive any notices, announcements, offers, agreements, disclosures, reports, documents, communications concerning new products, programs, services, or other records or correspondence from TUF. You consent to receive notices electronically by way of transmitting the notice to you by email.
7. If you send comments or suggestions about the Site to TUF, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of TUF. No submission shall be subject to any obligation of confidence on the part of TUF. TUF shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
8. TUF shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
9. TUF will not intentionally disclose any personally identifying information about you to third parties, except where TUF, in good faith, believes such disclosure is necessary to comply with the law or enforce this Agreement. By using the Site, you signify your acceptance of TUF’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
10. For any and all paid programs including, but not limited to, challenges, coaching, retreats, the following terms apply:

1. You authorize TUF to debit your payment account provided at sign up, which includes the billing information and payment information, and to remit funds on your behalf to TUF.
2. You agree to provide accurate information for your payment account, that you have the right and authorization to use the payment account and own the payment account, and that you will update TUF with any changes in the payment account. For cancellations and any questions, please email TUF at: info@holvibe.com
3. Monthly membership: your HŌLVIBE membership will continue month-to-month unless you provide 30 days written notice to TUF of your intention to not renew. TUF will continue to bill your payment account until you cancel. There are no refunds in the event of cancellation during a month in which you have paid or during the time period in which you provide the required 30 day notice to cancel.  No refunds will be given for prior payments made.  Upon canceling your membership, you will forfeit your access to the course including all recorded training, materials, and the mastermind area. If you are requesting a cancellation of your membership, please contact us by emailing info@holvibe.com with the words “CANCEL MEMBERSHIP” in the subject line. Payments for the Yearly Subscriptions are NON REFUNDABLE and all sales are final.
4. Your HŌLVIBE Membership may start with a trial. The trial period of your membership lasts for 30 days, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. TUF reserves the right, in its absolute discretion, to determine your trial eligibility.
5. Excessive returns will not be accepted. Refunds will not be given to any one customer for one specific product more than once. There is an unlimited amount of orders that a customer can place for one specific product, but if there is a money back guarantee offer, it is void after a customer has used it for one specific product once. From time to time, on some HŌLVIBE products, we will offer our members the opportunity to purchase additional products and services at a discount rate. To be eligible for this discount, the customer must be a member in good standing at the time of purchase. No rebates or partial refunds will be offered if a customer purchases a product, and then joins the HŌLVIBE Membership program, because these discounts are intended to be a benefit for active members. In the event that a member purchases an item that was eligible for a discount, if the member notifies our Customer Care department within 30 days of the purchase, a partial refund for the discounted amount will be offered. If the available discount is not reported within 30 days, a credit for additional purchases will be up to no longer than 180 days from the date of purchase.
6. All challenges on the website after accessing are NON REFUNDABLE and all sales are final.
7. For HŌLVIBE Ebooks: The Product (or multiple purchases of the Product) is NON REFUNDABLE and all sales are final.
8. HŌLVIBE reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
9. NEITHER TUF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. TUF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. TUF DOES NOT INTEND TO PROVIDE ANY HEALTH OR MEDICAL ADVICE. THE WEBSITE AND ITS INFORMATION OR CONTENT ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE. THE WEBSITE AND THE INFORMATION OR CONTENT SHOULD NOT BE CONSIDERED A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE OR TREATMENT. ALL HEALTH OR MEDICAL DECISIONS, INCLUDING THOSE RELATED TO DIET, NUTRITION, AND EXERCISE, SHOULD BE MADE ONLY AFTER CONSULTING YOUR OWN DOCTOR AND SOLELY IN ACCORDANCE WITH YOUR DOCTOR’S ADVICE. TUF DISCLAIMS ANY LIABILITY FOR ADVERSE REACTIONS, EFFECTS, OR CONSEQUENCES, DIRECTLY OR INDIRECTLY, RESULTING FROM THE USE OF THE WEBSITE AND ITS INFORMATION OR CONTENT. YOU ALONE ASSUME THE RISK RELATED TO FOOD YOU PURCHASE, PREPARE, OR CONSUME, AS THERE MAY BE AGRICULTURAL CONTAMINATION BY PATHOGENS, CHEMICALS, OR FOOD-BORNE ILLNESSES, AND OTHER RISKS RELATED TO YOUR PRE-EXISTING MEDICAL CONDITIONS, ALLERGIES, ILLNESSES, STOMACH, BLOOD, OR IMMUNE DISORDERS. TUF PROVIDES THE WEBSITE AND ITS INFORMATION OR CONTENT AS-IS, AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE RELATED TO ACCURACY, TRUTH, SCIENTIFIC BASIS OR RESEARCH. ALL STATEMENTS ARE OPINION AND FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.
10. TUF SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. TUF RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER TUF IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. TUF ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD TUF DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF TUF. TUF RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR TUF’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. TUF RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER TUF IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. TUF MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT. TUF SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL TUF BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF TUF HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF TUF AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, OWNERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, REGARDLESS OF WHETHER THE CLAIM ARISES IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID IN SUBSCRIPTION FEES UP TO THE DATE OF THE CLAIM.
12. You agree to indemnify and hold TUF and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that TUF may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. TUF reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such an event, you shall provide TUF with such cooperation as is reasonably requested by TUF.
13. The provisions of these Terms of Use are for the benefit of TUF, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Pinellas County, Florida. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. These Terms and the Privacy Policy are the entire agreement between you and TUF with respect to your use of the Website.

If you have any complaints or concerns about the Company or about this Agreement, please contact TUF at info@holvibe.com