Terms & Privacy Policy
Terms - last updated: 6/18/25
PRIVACY POLICY
We at The Fit Flamingo, LLC respect Your privacy. This Privacy Policy is designed to explain
how We collect, use, share, and protect the personal information You provide to Us when You
access Our website, purchase Our goods or services, or engage with Us on social media, as
well as Your own rights to the information We collect.
Please read this Privacy Policy carefully. We will alert You to any changes to this Policy by
changing the “last updated” date at the top of this Policy. Any changes become effective
immediately upon publication on Our website, and You waive specific notice of any changes to
the Policy by continuing to use and access Our site(s). We encourage You to review this
Privacy Policy periodically, when You use Our website for any purpose or engage with Us on
social media. You are deemed to have accepted any changes to any revised Privacy Policy by
Your continued use of Our website after the revised Privacy Policy is posted.
This Privacy Policy does not apply to third-party websites, products, or services, even if Our
website links to them or they link to Our website. We recommend you review the privacy
practices of those third parties before sharing any personal information with them or accessing
their websites.
INFORMATION THAT WE COLLECT
We collect a variety of information from You when You visit Our website, make purchases, or
interact with Us on social media. By accepting this Privacy Policy, You are specifically
consenting to Our collection of the data described below, to Our use of the data, to the
processing of this data, and to Our sharing of the data with third-party processors as needed for
Our legitimate business interests. The information We collect may include:
PERSONAL DATA
Personal Data is information that can be used to identify You specifically, including Your name,
shipping address, email address, telephone number, or demographic information like Your age,
gender, or hometown. You consent to giving Us this information by providing it to Us voluntarily
on Our website or any mobile application. You provide some of this information when You
register with or make purchases from Our website. You may also provide this information by
participating in various activities associated with Our site, including responding to blogs,
contacting Us with questions, or participating in group training. Your decision to disclose this
data is entirely voluntary. You are under no obligation to provide this information, but Your
refusal may prevent You from accessing certain benefits from Our website or from making
purchases.
DERIVATIVE DATADerivative data is information that Our servers automatically collect about You when You access
Our website, such as Your IP address, browser type, the dates and times that You access Our
website, and the specific pages You view. If You are using a mobile application, Our servers
may collect information about Your device name and type, Your phone number, Your country of
origin, and other interactions with Our application. Derivative data may also include data
collected by third-party service providers, such as advertising and analytics providers, and may
include cookies, log data, or web beacons. Cookies are discussed more fully below. Derivative
data collected by third-party service providers generally does not identify a specific individual.
FINANCIAL DATA
Financial data is data that is related to Your payment method, such as credit card or bank
transfer details. We collect financial data in order to allow You to purchase, order, return, or
exchange products or services from Our website and any related mobile apps. We store limited
financial data. Most financial data is transferred to Our payment processor, STRIPE and
INTUIT, and You should review these processors ’Privacy Policy to determine how they use,
disclose, and protect Your financial data. As a courtesy, STRIPE’S Privacy Policy can be found
here: https://stripe.com/privacy. INTUIT’s Privacy Policy can be found here:
https://www.intuit.com/privacy/statement/.
SOCIAL NETWORKING DATA
We may access personal information from social networking sites and apps, including
Facebook, Instagram, Linkedin, X, Snapchat, or other social networking sites or apps not
named specifically here, which may include Your name, Your social network username,
location, email address, age, gender, profile picture, and any other public information. If You do
not want Us to access this information, please go to the specific social networking site and
change Your privacy settings.
MOBILE DEVICE DATA
If You use Our website via a mobile device or app, We may collect information about Your
mobile device, including device ID, model and manufacturer, and location information.
OTHER DATA
On occasion, You may give Us additional data in order to enter into a contest or giveaway or to
participate in a survey. You will be prompted for this information and it will be clear that You are
offering this kind of information in exchange for an entry into such a contest or giveaway.
[MAKE SURE THE LIST BELOW INCLUDES ALL OF THE WAYS YOU USE PERSONAL
DATA OF YOUR CONSUMERS. IF IT DOESN’T, BE SURE TO ADD ANY OTHER USES, TO
MAKE SURE THE PRIVACY POLICY ACCURATELY DESCRIBES YOUR PRACTICES. WERECOMMEND REVISITING THE FOLLOWING SECTION EVERY 12 MONTHS TO MAKE
SURE IT REFLECTS ALL OF YOUR USES OF THE DATA.]
HOW WE USE YOUR INFORMATION
Your information allows Us to offer You certain products and services, including the use of Our
website, to fulfill Our obligations to You, to customize Your interaction with Our company and
Our website, and to allow Us to suggest other products and services We think might interest
You. We generally store Your data and transmit it to a third party for processing. However, to
the extent We process Your data, We do so to serve Our legitimate business interests (such as
providing You with the opportunity to purchase Our goods or services and interact with Our
website or mobile app).
Specifically, We may use the information and data described above to:
1. Create and administer Your account; and
2. Deliver any products or services purchased by You to You; and
3. Correspond with You; and
4. Process payments or refunds; and
5. Contact You about new offerings that We think You will be interested in; and
6. Interact with You via social media; and
7. Send You a newsletter or other updates about Our company or website; and
8. Deliver targeted advertising; and
9. Request feedback from You; and
10. Notify You of updates to Our product and service offerings; and
11. Resolve disputes and troubleshoot any problems; and
12. Administer contests or giveaways; and
13. Generate a profile that is personalized to You, so that future interactions with Our
website will be more personal; and
14. Compile anonymous statistical data for Our own use or for a third party’s use; and
15. Assist law enforcement as necessary; and
16. Prevent fraudulent activity on Our website or mobile app; and
17. Analyze trends to improve Our website and offerings.
GROUNDS FOR USING AND PROCESSING YOUR DATA
The information We collect and store is used primarily to allow Us to offer goods and services
for sale. In addition, The Fit Flamingo, LLC may collect, use, and process Your information
based on the following grounds:
LEGITIMATE BUSINESS INTERESTSWe may use and process Your data for Our legitimate business interests, which include, among
other things, communicating with You, improving Our goods or services, improving Our website,
and providing You with the information or products that You have requested.
Performance of a Contract: We may use and process Your information to enter into a contract
with You and to perform Our contractual obligations to You.
Consent: We may use Your data, or permit selected third parties to use Your data, based on
Your consent to Our use and sharing of that data. You may withdraw Your consent at any time,
but doing so may affect Your ability to use Our website or other offerings.
As required by law: We may also use or process Your data as required for Us to comply with
legal obligations.
WHY WE DISCLOSE YOUR INFORMATION
We may share Your information with third parties in certain situations. In particular, We may
share Your data with third-party processors as needed to serve Our legitimate business
interests, which include administration of Our website, administration of Your account, entering
into contracts with You, communicating with You, taking orders for goods or services, delivering
Our goods and services, identifying trends, protecting the security of Our company and website,
and marketing additional goods and services to You. The legal basis for Our disclosure of Your
data is both Your Consent to this Privacy Policy and Our own right to protect and promote Our
legitimate business interests.
The following are specific reasons why We may share Your information:
Third Party Processing: We may disclose Your information to third parties who assist Us with
various tasks, including payment processing, hosting services, email delivery, communications,
and customer service. We may not always disclose these third-party processors if not required
by law. We do not authorize them to use or disclose Your personal information except in
connection with providing Our company with their services.
By Law: We may share Your data as required by law or to respond to legal process, including a
subpoena, or as necessary to protect the rights, property, and safety of others. This includes
sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use Your information to protect Our company, including to
investigate and remedy any violations of Our rights or policies. We may also disclose Your
information as reasonably necessary to acquire and maintain insurance coverage, manage
risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Business Transfers: In the unlikely event Our company engages in a merger, acquisition,
bankruptcy proceedings, dissolution, reorganization, or similar transaction or proceeding, Wemay transfer or share Your data as part of that proceeding. In such transitions, customer
information is one of the business assets that is acquired by a third party. You acknowledge that
such business transfers may occur and that Your personal information can continue to be
stored, used, or processed as otherwise set forth in this privacy policy.
Third-Party Marketing: We may disclose Your information to certain third parties as listed on
our website for the purpose of enabling them to contact You so that they can offer You relevant
goods and services.
Affiliates: We may share Your personal information with Our business affiliates who promote
Our product(s) or service(s) for a commission fee. We require Our affiliates to honor this Privacy
Policy. They are not allowed to spam You and must disclose they are an affiliate for Us. If they
do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any
violation of this nature should be reported to madison@thefitflamingo.com.
Advertisers: We may use third-party advertising companies to run and manage Our ads to
produce ads that appear when You visit Our website or mobile app. These companies may use
information about Your visit to Our website and other websites that are contained in web
cookies (as described below) to offer You personalized advertisements about goods and
services that might interest You. We cannot control the activities of such other advertisers or
web sites. You should consult the respective Privacy Policies of these third-party advertisers for
more detailed information on their practices as well as for instructions about how to opt-out of
certain practices.
Please note that, at this time, We do not recognize automated browser signals regarding
tracking systems, which may include “do not track” instructions.
Other Third Parties: We may share information with advertisers, Our investors, or other third
parties for the purpose of conducting general business analysis. If We do so, We will make
reasonable efforts to inform You if required by law.
Interaction With Others: If You interact with others on Our website or mobile app, such as
participating in a group chat or a group online course, other users may have access to some of
Your data, including Your name, profile picture, and Your history of interaction with Our website,
such as prior comments or posts.
Online Postings: When You post online, Your posts may be viewed by others, and We may
distribute Your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by Us. We
suggest You exercise caution when clicking on a hyperlink. Although We use reasonable care in
including a hyperlink on Our own web page, We do not regularly monitor the websites of these
third parties and are not responsible for any damage or consequences You suffer by using
these hyperlinks. We are not bound by the Privacy Policies of any third-party website that Youaccess by a hyperlink, nor are they bound by ours. We encourage You to read the Policies of
those third-party websites before interacting with them or making purchases. They may collect
different information and by different methods than We do.
Other Purposes: We may disclose Your personal data as necessary to comply with any legal
obligation or to protect Your interests, or the vital interests of others or Our company.
TRACKING TECHNOLOGIES
Log Files: Like many other websites, We make use of log files. These files merely log visitors to
the site – usually a standard procedure for hosting companies and a part of hosting services ’
analytics. The information inside the log files includes internet protocol (IP) addresses, browser
type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the
number of clicks. This information is used to analyze trends, administer the site, track user’s
movement around the site, and gather demographic information. IP addresses and other such
information are not linked to any information that is personally identifiable.
Cookies: We also use cookies — small text files sent to Us by Your computer — and web
beacons to store certain information. We may use cookies to authenticate Your identity, to
determine if You are logged onto Our website, for personalization, for security, for targeted
advertising, or for analysis of the performance of Our website and services. For example,
cookies allow Us to recommend blog posts to You based on what You have read on Our site in
the past. We use cookies that are not specific to Your account but unique enough to allow Us to
analyze general trends and use, and to customize Your interaction with Our website. This
information helps Us to understand the use of Our site and to improve Our website and service
offerings.
We may use any or all of the following types of cookies:
Essential Cookies: These cookies help Us run Our website and improve Your experience with
Our website. These cookies may allow content to load more quickly or allow You to access
“members only” or repeat-users sections of Our website.
Functionality Cookies: These cookies allow Us to remember Your preferences from earlier
visits to Our website, including login information, so that You do not have to input the same
information multiple times.
Social Media Cookies: These cookies allow Us to record when You have engaged with a
social media tool while visiting Our website. For example, We may record that You have “liked”
a certain aspect of Our website. The social media application may also share data with Us that
You have allowed it to share. If You wish to change Your social media sharing settings, please
visit the privacy settings of the social media network.
Advertising Cookies: We may work with third-party advertising partners who collect
information about Your browsing habits on Our website in order to later display a relevant ad
about Our services when You are on a third-party site such as a social media platform. These
cookies may also allow Us to access Your location.
In addition, We may use third-party software to post advertisements on Our website or mobile
application, to oversee marketing or email campaigns, or manage other company initiatives.
These third-party softwares may use cookies or similar tracking technology. We have no control
over these third parties or their use of cookies. For more information on opting out of interest-
based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance
Opt-Out Tool.
Pixel Tags: We may use a pixel tag, which is a small graphic file that allows Us to monitor the
use of Our website and provide Us with information regarding Your interaction with the website.
These tags may collect the IP address from the device You are using, and the browser type.
Pixel tags are also used by Our third-party partners to collect information when You visit Our
website, and We may use this information to display targeted advertisements.
Email Confirmations: We may receive email confirmations when You open an email from Us.
This allows Us to determine if users are responding favorably to Our email communications and
to improve those communications.
Other Technologies: Other data technologies may be used that collect comparable information
for security, fraud detection, and similar purposes, to give Us information about Your use of Our
website, and to greater improve Our website and service offerings to You.
WEBSITE ANALYTICS
We may partner with third-party analytic companies, including Squarespace Analytics and
Google Analytics. The analytic companies may also use cookies (described above) or other
tracking technologies to analyze visitors ’use of Our website or mobile app to determine the
popularity of the content, and better understand online activity. We do not transfer personal
information to these third-party vendors. However, in order to access Our website, You must
consent to the collection and use of Your information by these third-party analytic companies.
You should review their Privacy Policy and contact them directly if You have questions. If You
do not want any information to be collected and used by tracking technologies, visit the Network
Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
Google Analytics: You can opt-out of having Your activity on Our website made available to
Google Analytics by installing the Google Analytics opt-out browser add-on. This add-on
prevents Google Analytics from retrieving information about Your visits to Our website. For more
information about Google’s Privacy Policy, please visit: https://policies.google.com/privacy.
PROCESSING YOUR INFORMATIONFor the most part, We do not process Your information in-house, but give it to third-party
processors for processing. For example, when PayPal takes Your payment information, they are
a third-party processor. They process Your payment and remit the funds to Us. So in many
instances, it will be necessary for Us to transmit Your information to a third-party processor, as
We do not have the capability to perform these functions. More detail on third-party processing
is detailed below.
However, We may, from time to time, process Your data internally. The legal basis for this
processing is both Your consent to the processing, Our need to conduct Our legitimate business
interests, and to comply with legal obligations. Our purposes in processing this information, if
We do, is to administer, maintain, and improve Our website and offerings, to enter into contracts
with You, to fulfill the terms of those contracts, to keep records of Our transactions and
interactions, to be able to provide You with goods and services, to comply with Our legal
obligations, to obtain professional advice, and to protect the rights and interests of Our
company, Our customers (including You), and any third parties. We may process the following
data:
Data associated with Your account, such as Your name, address, email address, and
payment information.
2. Data about Your usage of Our website, such as Your IP address, geographical
information, and how long You accessed Our website and what You viewed.
3. Data related to Your personal profile, such as Your name, address, profile picture,
interests and hobbies, or employment details.
4. Data that You provide Us in the course of using Our services.
5. Data that You post on Our website, such as comments or responses to blogs.
Data that You submit to Us when You make an inquiry regarding Our website or
offerings.
6. Data related to Your transactions with Us, including Your purchase of Our goods or
services. This information may include contact details and payment information.
7. Data that You provide to Us when You subscribe to Our emails or newsletters, including
Your email address and contact information.
Data that You submit to Us via correspondence, such as when You email Us with
questions.
10. Any other data identified in this policy, for the purpose of complying with Our legal
obligations, or to protect the vital interests of You or any other natural person.
INTERNATIONAL DATA
Our website is hosted by servers located in The United States of America. Therefore, if You
reside outside The United States of America, some of Your data will be transferred
internationally to and stored on those servers. In addition, We may use third-party processors
(including payment processors) and subcontractors located in The United States of America.
We use all reasonable methods to protect the safety of Your data during transfer, including
hosting Our website on reputable servers and engaging reputable third-party processors. By
using this site and providing Us with information, You consent to this transfer, processing, and
storage of Your information in The United States of America. Note that the privacy laws in The
United States of America may not be as strict as those in other countries. Please be aware that:
● We may transfer data that We collect to locations outside of Our headquarters for
processing or storing, and the data may be processed by Our staff or by third-party
processors. For example, We may engage third parties to fulfill orders. By submitting
Your personal data, You agree to this transfer, storing, and processing. We take all
reasonable steps to make sure Your data is treated securely and in conformity with this
Privacy Policy.
● Data that is provided to Us is stored on secure servers. Payment information and other
sensitive data will be encrypted to ensure its safety.
● The transmission of data via the internet is never completely secure, and We cannot
guarantee the security of data that is sent to Us electronically. Your transmission of data
to Us is at Your own risk.
● Where data that You have transmitted to Us is password protected, You are responsible
for keeping the password confidential. You are exclusively responsible for any breaches
of Your data that results from Your own disclosure of or failure to protect Your password.
DATA RETENTION
We retain personal data as long as it is needed to conduct Our legitimate business purposes or
to comply with Our legal obligations, or until You ask Us to delete Your data. For example, We
will retain certain personal information indefinitely for the purposes of maintaining Your account,
unless and until You delete Your account. Data that We gather for a specific and particular
purpose, such as assisting law enforcement or analyzing trends, will be kept for no longer than
is necessary for that particular purpose. Data that is no longer needed by Us for any of the
purposes listed above will be permanently deleted.
We will honor Your request to delete Your data, as described more fully below, unless We are
required by law to retain access to the data. However, note that We cannot control the retention
policies of third parties. If You wish to have any third parties, including those to whom We’ve
transmitted Your data, delete that data, You will need to contact those third parties directly. You
may request from Us a list of all third parties to whom We have transmitted Your data.We may retain usage data (that is, data that is gathered by Our company or third-party analytics
companies for the purpose of analyzing the use of Our website) as needed for internal analysis
purposes. This type of data is usually retained for a shorter period of time than personal data,
unless the data is necessary to improve the security or functionality of Our website or offerings,
or We are legally obligated to retain the data for a longer period of time.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect Your personal data and keep Your information secure.
We use recognized online secure payment systems and implement generally accepted
standards of security to protect against personal data loss or misuse. However, no security
measure is foolproof, and no method of data transmission can be guaranteed against
interception or misuse. We cannot guarantee complete security of any information You transmit
to Us.
By consent to this Privacy Policy, You acknowledge that Your personal data may be available,
via the internet, around the world. We cannot prevent the use or misuse of Your data by other
parties.
We will notify You promptly of any known breach of Our security systems or Your data which
might expose You to serious risk.
CHILDREN’S PRIVACY
This website or mobile app is not designed for use by children under age 16, and We do not
knowingly solicit personal data from anyone under age 16. If You are under age 16, do not
access or use Our website or related products or services. If We become aware that We have
collected personal data of anyone under the age of 16, we will take reasonable steps to
promptly delete that personal data. If You become aware that We have collected personal data
of anyone under the age of 16, please contact Us so that We may delete that personal data.
SENSITIVE DATA
We request that You do not submit any sensitive data to Us, via public postings, email
correspondence with Us, or any other method, including social security number, health data,
genetic data, or information related to Your ethnic origin, religious beliefs, or criminal history. If
You do send Us this information, then by doing so You are consenting to Our use, storage, and
processing of this information in accordance with this privacy policy.
YOUR RIGHTS
You have certain rights with respect to Your personal data, as outlined below. Note that We may
charge You a reasonable fee for actions that You ask Us to take with respect to Your data ifpermitted by law. In addition, We reserve the right to request that You provide Us with evidence
of Your identity before We take any action with respect to the exercise of Your data rights.
Further, Your rights may be restricted or nullified to the extent they conflict with Our compelling
business interests, the public interest, or the law.
UPDATE ACCOUNT INFORMATION
You have the right to update or change any information You have provided to Us. To update or
delete Your information, please contact Us at madison@thefitflamingo.com
CONFIRM PERSONAL DATA AND ITS USE
You have the right to request that We confirm what data We hold about You, and for what
purposes. You also have the right to confirmation of whether We process Your data or deliver
Your data to third-party processors, and for what purposes. We will supply You with copies of
Your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change Your consent to Our use of Your information.
In such cases, We may require You to delete Your account with Us, as described above, and
You may not have full access to Our website.
Request a Copy of Data: You have the right to request a digital copy of the data that We hold
about You. Your first request for a copy of Your personal data will be provided free of charge;
subsequent requests will incur a reasonable fee if permitted by law.
Transfer Your Data: You have the right to request that We gather and transfer Your data to
another controller, in a commonly used and machine readable format, unless doing so would
cause Us an undue burden.
Delete All Data: You have the right to request that We delete all data that We hold about You,
and We must delete such data without undue delay. There are exceptions to this right, such as
when keeping Your data is required by law, is necessary to exercise the right of freedom of
expression and information, is required for compliance with a legal obligation, or is necessary
for the exercise or defense of legal claims. Such a request may result in a termination of Your
account with Us and You may have limited or no use of Our website.
Emails and Communications: You may opt out of receiving future email correspondence from
Us by checking the appropriate box when You register for the account or make a purchase. You
may change Your communication settings by contacting Us at madison@thefitflamingo.com.
Marketing Communications: You may opt out of receiving any third-party marketing
communications or having Your personal information used for marketing purposes. You may do
this by contacting Us at madison@thefitflamingo.com.
Processing: You may, in some circumstances, restrict the processing of Your data, such as
when You contest the accuracy of Your data or when You have objected to processing, pending
the verification of that objection. When processing has been restricted, We will continue to store
Your data but will not pass it on to third-party processors without Your consent, or as necessary
to comply with legal obligations or protect Your rights or those of others or Our company. In
addition, You may opt out of any processing of Your data altogether. Note, however that doing
so may result in the termination of Your account and loss of access to Our website.
Complaints: If You are an EU resident, You have the right to complain to a supervising
authority if You believe We are misusing Your data or have violated any of Your rights under
this Privacy Policy or applicable law. You may do so in the EU member state in which You
reside or have Your place of business or in which the alleged infringement took place. If You are
located outside the EU, You may have rights under privacy laws in the jurisdiction where You
live.
TEXAS PRIVACY RIGHTS
Any Texas resident has the following rights under the Texas Data Privacy and Security Act
(“TDPSA”), which becomes effective on October 1, 2024:
● Right to confirm whether or not We are processing Your personal data, unless that
confirmation would require Us to reveal a trade secret.
● Right to request that We correct inaccurate personal information We collect about You.
● Right to request that We delete the personal information We collect about You.
● Right to obtain a copy of Your personal data processed by Us in a portable and, to the
extent technically feasible, readily usable format that allows You to transmit the data to
another party, unless that would require Us to reveal a trade secret.
● Right to opt-out of the sale of Your personal information and/or the use of Your personal
information for targeted advertising or profiling.
● Right not to be discriminated against for exercising Your privacy rights described here.
Any Texas resident may exercise these rights by emailing Us at madison@thefitflamingo.com.
Any Texas resident may request, free of charge twice per year, the personal information We
have collected or stored about themselves or about a member of their household. For security
purposes, We reserve the right to ask for verification of Your identity and proof of your Texas
residency at the time of your request.
If You are a Texas resident and You would like to appeal Our decision relating to a request to
exercise your privacy rights that You have previously submitted to Us, please contact Us at the
email address provided above. We will use our best efforts to respond to Your appeal in writing
within 60 days and inform you of any actions We have or have not taken in response to Your
request. If You are not satisfied with Our response, You may alternatively notify the Office of the
Attorney General of Texas by filing a complaint here.TERMS AND CONDITIONS OF USE
Terms and Conditions of Use for The Fit Flamingo, LLC.
Last Updated on 6/18/2025.
NOTICE: These Terms and Conditions of Use are legally binding. It is Your responsibility to
read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of
Our products, including online courses. By using Our website on any computer, mobile phone,
tablet or other device, You agree to these terms and You consent to the collection, use and
disclosure of Your information as described in these Terms and Conditions and Our Privacy
Policy. If You do not agree to these Terms and Conditions or Our Privacy Policy, You should not
access or use Our website.
GENERAL PROVISIONS
This website is owned and operated by The Fit Flamingo, LLC a Texas company.
You must be at least sixteen years of age to use Our website. Use of this website is at Your own
risk. We host Our site on a reputable platform and take reasonable efforts to maintain and host
the site. However, We make no explicit representations or warranties as to the safety of Your
individual use of the website. The Terms and Conditions contained on this page are subject to
change at any time.
When using Our website, You must not:
1. Engage in any action that causes or could cause damage to Our website or impair the
performance, availability or accessibility of Our website.
2. 3. 4. Transmit or attempt to transmit to Our website any virus, malware or malicious code.
Use Our website in any manner that is unlawful, illegal or fraudulent.
Engage in any use of any content on Our website in any manner in connection with
artificial intelligence and related technologies, including but not limited to machine
learning systems, algorithms or models, or any other automated processes capable of
altering, modifying or manipulating the content, unless We provide advanced written
authorization to do so.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property
of The Fit Flamingo, LLC or the properly attributed party. It is a violation of federal law to use
any of Our intellectual property in whole or in part, and modification of any materials contained
on this site is illegal and may be prosecuted to the fullest extent permissible should We choose
to do so, including asking for financial penalties (damages) and/or an injunction forcing You to
stop using Our intellectual property immediately.You may use Our intellectual property with clear and obvious credit back to Our site, as well as
links back to the page where the materials, designs, images, text, quote, or post is located when
it is appropriate to do so. However, You may never claim any of Our intellectual property as
Your own or Your unique creation, even with attribution.
SECURITY AND ASSUMPTION OF RISK
SECURITY
It is Your responsibility to secure Your username and password from theft or any other means of
unauthorized use that would violate these Terms and Conditions of Use. We do not store any
whole credit card numbers or payment information, and instead, these are processed through
third-party processors such as Stripe, Intuit, or Paypal. By utilizing these payment processors to
gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for
the security of the payment details, and agree to be bound by the third-party payment
processor’s applicable terms and conditions of use.
CONFIDENTIALITY
You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent
client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the
risk of Your access and any subsequent actions You choose to take as a result of the influence,
information, or educational materials provided to You.
YOUR COMMUNICATIONS
Any communications made through Our ‘contact’
, blog, blog comments, newsletter sign up, or
other related pages, or directly to Our phones or mailing or email addresses is not held
privileged or confidential and is subject to viewing and distribution by third parties. We own any
and all communications displayed on Our website, servers, comments, emails, or other media
as allowed by The United States of America law, and will not give credit or pay royalties for
unsolicited user-generated content such as blog comments or emails. For more information on
when and how We store and use Your communications or any data provided by You in those
communications, please refer to Our Privacy Policy on this page.
We maintain a right to republish any submission in whole or in part as reasonably necessary in
the course of Our business. You agree not to submit any content or communications that could
be illegal or serve an unlawful purpose, including, but not limited to communications that are
potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or
inappropriate.
DISCLAIMERS
Our website and related materials are provided for educational and informational use only. You
agree to indemnify and hold harmless Our website and company for any direct or indirect loss or
conduct incurred as a result of Your use of Our website and any related communications,
including as a result of any consequences incurred from technological failures such as a
payment processor error(s) or system failure(s).
While We may reference certain results, outcomes or situations on this website, You understand
and acknowledge that We make no guarantee as to the accuracy of third-party statements
contained herein or the likelihood of success for You as a result of these statements or any
other statements anywhere on this website. If You have medical, legal, or financial questions,
You should consult a medical professional, lawyer, or CPA and/or CFP respectively. We
expressly disclaim any and all responsibility for any actions or omissions You choose to make
as a result of using this website, related materials, products, courses, or the materials contained
herein.
This website is updated on a regular basis and while We try to make accurate statements in a
timely and effective manner, We cannot guarantee that all materials and related media
contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and
understand that any information or knowledge You gain as a result of using this website is used
at Your own risk. If You should see any errors or omissions and would like to let Us know,
please email Us at madison@thefitflamingo.com.
THIRD PARTY DISCLAIMER
You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal
conduct of any other participant or user, including You.
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 OF ANY
KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. 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 ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANYREPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR
PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR
OTHERWISE.
ARTIFICIAL INTELLIGENCE DISCLAIMER
You acknowledge and agree that We shall not be liable for any damages arising out of or in
connection with Your use of the content on Our website, Our products or services in any
manner in connection with artificial intelligence and related technologies, including but not
limited to machine learning systems, algorithms or models, or any other automated processes
capable of altering, modifying or manipulating the content, regardless of whether We provide
authorization for such use.
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
INDEMNIFICATION
You agree at all times to indemnify and hold harmless Our Company, as well as any of Our
affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture
partners, successors, transferees, assignees, and licensees, as applicable, from and against
any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal
fees and expenses, arising out of or related to (i) Your use of Our website, (ii) Your breach of
these terms or (iii) Your violation or alleged violation of any laws in connection with Your use of
Our website.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE WILL NOT BE HELD
RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGES OF ANY KIND,
INCLUDING INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO
YOUR USE OF OUR WEBSITE, ANY UNAVAILABILITY OF OUR WEBSITE, OR ANY THIRD
PARTY CONDUCT, ACCIDENTS, DELAYS, HARM, OR OTHER DETRIMENTAL NEGATIVE
OUTCOMES AS A RESULT OF YOUR ACCESS OF OUR WEBSITE AND RELATED
MATERIAL(S).
AFFILIATES
This site may use affiliate links to sell certain products or services. We disclaim any and all
liability as a result of Your purchase through one of these links. We will use reasonable efforts to
notify You when and where We have placed affiliate links in addition to this disclaimer located in
these Terms and Conditions. You accept express liability for any and all consequences or
benefits of clicking the affiliate links contained on this website or related communications.TERMINATION
If at any time We feel You have violated these Terms and Conditions, then We shall
immediately terminate Your use of Our website and any related communications as We deem
appropriate. It is within Our sole discretion to allow any user’s access of Our website, and We
may revoke this access at any time without notice, and if necessary, block Your IP address from
further visits to Our site(s).
ENTIRE AGREEMENT
Before You register with Our website or make any purchases therefrom, You will be asked to
consent to Our Privacy Policy. If You have consented, or once You do consent, the terms of the
Privacy Policy together with these Terms and Conditions, the information contained herein
constitutes the entire agreement between site users and Our company relating to the use of this
website.
LAW AND JURISDICTION
These Terms and Conditions of Use and Privacy Policy are governed by and construed in
accordance with The United States of America law. Any dispute arising out of or related to the
information contained herein is subject to adjudication in the state of Texas, The United States
of America.
CONSENT
By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy
Policy.
If You require any more information or have any questions about Our Terms and Conditions of
Use, or Our Privacy Policy, please feel free to contact Us by email at
madison@thefitflamingo.com.
ELECTRONIC COMMUNICATIONS
As permitted by applicable law, You consent to receive electronic communications sent from Us
to You, such as via email or text, if you contact Us via email or text or otherwise provide Your
email or phone number to us. You agree that all agreements and communications we provide to
You electronically satisfy any legal requirement that they be in writing.
ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any
express written here, are reserved by Company.SEVERABILITY
If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or
unenforceable, all other provisions contained herein will remain in full force and effect.
CONTACT INFORMATION
Email: madison@thefitflamingo.com
DO NOT SELL OR SHARE MY PERSONAL INFORMATION
As described in our Privacy Policy, We collect information from You when You visit Our website,
make purchases, or interact with Us on social media. Some of this information We collect is
personal information to which you may have rights under data privacy regulations.
If you would like to opt out of activity that may be considered a "sale" or "share," or "targeted
advertising", please submit your information below. “Sharing” refers specifically to sharing for
cross-context behavioral advertising, which is the targeting of advertising to a consumer based
on the consumer’s personal information obtained from the consumer’s online activity across
numerous websites.
If required by an applicable data privacy regulation, such as the California Privacy Rights Act,
we will wait at least 12 months before asking You to opt back in to the sale or sharing of your
personal information.
You may email us at madison@thefitflamingo.com to explicitly request to opt out of
the sale of your data and/or exercise any of Your other privacy rights.